DAVJSNFORT 

PUBLIC   LIBRARY 

PRESENTED    BY 


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/}Lcoi.c. 


6-4M^ 


....•i^- /^  £^„ 


THE   CHARTER 


AND 


REVISED  ORDINANCES 


OF   THE 


CITY   OF   MUSCATINE, 


TOGETHER  WITH 


ACTS   OF    THE   GENERAL   ASSEMBLY   OF  THE 

STATE  OF  IOWA  RELATING  TO  CITIES 

UNDER  SPECIAL  CHARTERS. 


REVISED   AND   ARRANGED    BY 

W.  F.  BRANNAN. 


Revised  and  Published  by  Authority  of  the  City  Council. 


A: 

BETTS    BROTHERS, 
1878. 


116^. 


"^^'^^ 


f 


LIST   OF   OFFICEKS 


OF    THE 


TOWI^  OF  BLOOMINGTON 


From  March,  i8j^,  to  March,  i8^i. 


1839. 
President— JOSEPH  WILLIAMS. 

TRUSTEES. 
Arthur  Washburn,  Benj.  P.  Howland, 

Henry  Reece. 

Moses  Couch,  Recorder. 

Giles  Pettibone,  Street  Commissioner. 


1840. 
President— JOHN  LILLY. 

TRUSTEES. 
Henry  Reece,  R.  P.  Lowe, 

John  W.  Richman. 

E.  E.  Fay,  Recorder. 

Matthew  Matthews,  Street  Commissioner. 

Hiram  Matthews,  Marshal. 

D.  J.  Snyder,  Treasurer. 


9403 


389f;69 


LIST   OF   OFFICERS. 
184I. 

President— THOMAS  DARLINGTON. 

TRUSTEES. 
John  S.  Lakin,  Suel  Foster, 

Edv/ard  Ballard. 

Arthur  Washburn,  Recorder. 
Wm.  St.  John,  Street  Commissioner. 
John  W.  Weller,  Treasurer. 
John  Marble,  Marshal. 

1842. 
PRESIDENT— DAVID  CLARK. 

TRUSTEES. 
Wm.  Frye,  Wm.  St.  John, 

Hiram  Wilson. 

Arthur  Washburn,  Recorder. 
Daniel  Mauck,  Street  Commissioner. 
Lyman  C.  Hine,  Treasurer. 

1843- 
President— JOHN  A.  PARVIN. 

TRUSTEES. 
Wm.  Frye,  L.  C.  Hine, 

J.  J.  Hoopes. 

Pliny  Fay,  Recorder. 

Daniel  Mauck,  Street  Commissioner. 

John  Zeigler,  Treasurer. 

Wm.  Parvin,  Marshal. 

1844. 
President- STEPHEN  L.  FOSS. 

TRUSTEES. 

A.  J.  Fimple,  J.  R.  Bennett, 

A.  M.  Hare. 

Thomas  Crandol,  Recorder. 
Daniel  Mauck,  Street  Commissioner. 
Wm.  Leffingwell,  Treasurer. 
Hiram  Matthews,  Marshal. 


LIST   OF   OFFICERS. 
1845. 

President— CHARLES  EVANS. 

TRUSTEES. 
John  M.  Kane,  A.  J.  Fimple, 

Wm.  Lefifingvvell. 

John  Lilly,  Recorder. 
Hiram  Matthews,  Street  Commissioner. 
Wm.  Parvin,  Treasurer  and  Marshal. 
John  Seiler,  Sexton." 

1846. 
President  -STEPHEN  L.  FOSS. 

TRUSTEES. 
Hezekiah  Musgrove,  Alexander  Jackson, 

Joseph  P.  Freeman. 

Douglas  Dunsmore,  Recorder. 

Hiram  Matthews,  Street  Commissioner. 

Wm.  Parvin,  Treasurer  and  Marshal. 

1847. 
President— J.  M.  BARLOW. 

TRUSTEES. 
J.  L.  Cummins,  Edward  Olmstead, 

Harris  H.  Hine. 

Richard  Cadle,  Recorder. 

Hiram  Matthews,  Street  Commissioner. 

John  M.  Kane,  Treasurer  and  Marshal. 

1848. 
President— THOMAS  M.  ISETT. 

TRUSTEES. 
E.  H.  Albee,  Pliny  Fay, 

John  M.  McCormick. 

Richard  Cadle,  Recorder. 

David  Freeman,  Street  Commissioner. 

John  M.  Kane,  Treasurer  and  Marshal. 

♦John  Seiler  has  been  continuously  elected  Sexton  from  1845  to  the  present  time— 1878. 


6  LIST   OF   OFFICERS. 

1849.- 

President— ELIAS  OVERMAN. 

TRUSTEES. 
J.  G.  Gordon,  G.  S.  Branham, 

Jacob  Butler. 

Richard  Cadle,  Recorder. 

Charles  Browning,  Street  Commissioner. 

William  Parvin,  Treasurer  and  Marshal. 

1850. 
President— WILLIAM  D.  AMENT. 

TRUSTEES. 
G.  W.  Hunt,  Ansel  Humphreys, 

Alfred  Purcell. 

Thomas  Crandol,  Recorder. 

Charles  Browning,  Street  Commissioner. 

W^m.  A.  Drury,  Treasurer  and  Marshal. 

*In  1849,  at  the  June  term  of  the  District  Court,  the  corporate  name  was  changed  from 
Town  of  Bloomington  to  Town  of  Muscatine. 


LIST   OF   OFFICERS 

OF    THE 

CITY  OF  MUSCATINE 

From  March,  i8^i,  to  March,  i8jg. 


Mayor- 


1851* 

ZEPHANIAH  WASHBURN.t 
AULAY  MACAULAY. 


ALDERMEN. 


Henry  Reece, 
J.  B.  Dougherty, 
Absalom  Fisher, 


John  C.  Irwin, 
H.  D.  Lacosett, 
B.  Bartholomew. 


G.  S.  Branham,  Marshal. 

C.  F.  Browning-,  Wharf  Master. 

Thomas  Crandol,  Recorder. 

William  D.  Ament,  Treasurer. 

L.  C.  Hine,  Assessor. 

C.  G.  Heilenberg,  City  Engineer. 


Mayor- 


Henry  Reece, 
J.  B.  Dougherty, 
Absalom  Fisher, 


1852. 
-THOMAS  M.  ISETT. 


ALDERMEN. 


George  C.  Stone, 
Wm.  St.  John, 
Samuel  Bamford. 


Alexander  Jackson,  Marshal. 
Thomas  M.  Williams,  Recorder. 
S.  B.  Crane,  Wharf  Master. 
John  I.  Reece,  Assessor. 
William  D.  Ament,  Treasurer. 


*In  1851,  by  a  special  charter  granted  by  the  Legislature,  Muscatine  was  created  a  city. 
tMr.  Washburn  resigned  and  Mr.  Macauley  wa3  tilected  to  fill  the  vacancy. 


LIST   OF    OFFICERS. 
1853. 

Mayor— JOHN  G.  STINE. 

ALDERMEN. 

George  C.  Stone,  Marx  Block, 

William  St.  John,  A.  M.  Hare, 

Samuel  Bamford,  Jacob  Hershe. 

Charles  F.  Browning,  Marshal. 
Henry  C.  Lamb,  Recorder. 
William  D.  Ament,  Treasurer. 
L.  C.  Hine,  Assessor. 
S.  B.  Crane,  Wharf  Master. 

1854. 
MAYOR-JOHN  A.  PARVIN. 

ALDERMEN. 

Marx  Block,  Jacob  Butler, 

A.  M.  Hare,  Charles  Nealley, 

Jacob  Hershe,  William  Young. 

Abial  Fry,  Marshal. 
D.  P.  Johnson,  Recorder. 
M.  Berkshire,  Assessor. 
Edward  Hoch,  City  Measurer. 

1855. 
Mayor— J.  H.  WALLACE. 

ALDERMEN. 

Jacob  Butler,  F.  S.  Phelps, 

Charles  Nealley,  D.  C.  Cloud, 

William  Young,  C.  Cadle. 

Jacob  Israel,  Marshal. 

J.  B.  Dougherty,  Treasurer. 

William  L.  Browninpf,  Wharf  Master. 


■fc>> 


1856. 
Mayor— WILLIAM  LEFFINGWELL. 

ALDERMEN. 

F.  S.  Phelps,  I.  R.  Mauck, 

D.  C.  Cloud,  A.  M.  Hare, 

C.  Cadle,  B.  W.  Thompson. 


LIST   OF  OFFICERS. 

John  A.  McCormick,  Marshal. 
D.  P.  Johnson,  Recorder. 
J.  B.  Dougherty,  Treasurer. 
A.  J.  Fimple,  Assessor. 
L.  C.  Bailey,  City  Engineer. 

1857. 
MAYOR-JOHN  G.  STINE. 


ALDERMEN. 


I.  R.  Mauck, 

A.  M.  Hare, 

B.  VV.  Thompson, 


Edward  Hoch, 
J.  R.  Nisley, 
A.  Fisher. 


Elias  Unger,  Marshal. 
D.  P.  Johnson,  Recorder. 
H.  Lofland,  Treasurer. 
William  Leffingvvell,  Assessor. 
Samuel  Tarr,  Street  Commissioner. 
Marx  Block,  Wharf  Master. 


Mayor 

Edward  Hoch, 
J.  R.  Nisley, 
A.  Fisher, 


1858. 
GEORGE  MEASON. 


ALDERMEN. 


S.  G.  Hill, 

J.  P.  Freeman, 

C.  Hershe. 


Elias  linger,  Marshal. 

D.  P.  Johnson,  Recorder. 

H.  Lofland,  Treasurer. 

Peter  Jackson,  Assessor. 

Romulus  Hawley,  Street  Commissioner. 

John  Bartholomew,  Wharf  Master. 

1859- 
Mayor— GEORGE  MEASON. 


W.  C.  Kennedy, 
Henry  Funck, 
Robert  Williams. 


ALDERMEN. 

S.  G.  Hill, 

J.  p.  Freeman, 

C.  Hershe, 

J.  R.  Nisley,  Recorder. 

R.  R.  Lauther,^  \  ^ 
A  u   1  t:'    A  J  r  J-  reasurer. 

Abel  F.  Adams,  j 

Z.  Washburn,  Assessor. 

Romulus  Hawley,  Street  Commissioner. 

*Mr.  Adams  was  appointed  on  the  resignation  of  Mr.  Lauther. 


lO  LIST    OF   OFFICERS. 

i860. 

Mayor-  GEORGE  MEASON. 

ALDERMEN. 
W.  C.  Kennedy,  S.  G.  Stein, 

Henry  Funck,  Henry  Molis, 

Robert  Williams,  C.  Hershe. 

William  Dill,  Marshal. 

R.  T.  Wallace,  Recorder. 

A.  F.  Adams,  Treasurer. 

R.  T.  Wallace,  Wharf  Master. 

1861. 
Mayor— GEORGE  MEASON. 

ALDERMEN. 
S.  G.  Stein,  Luke  Sells, 

Henry  Molis,  F.  Thurston, 

C.  Hershe,  Abraham  Johns. 

William  Dill,  Marshal. 

Hugh  J.  Campbell,  Recorder. 

John  Wiley,  Assessor. 

Romulus  Hawley,  Street  Commissioner. 

R.  T.  Wallace,  Wharf  Master. 

1862. 
Mayor— GEORGE  MEASON. 

ALDERMEN. 

Isaac  R.  Mauck,  Luke  Sells, 

Henry  Molis,  F.  Thurston, 

Richard  Musser,  A.  Johns,*       } 

J.  S.  Patten,    f 

William  Dill,'^     )  , ,      ,    , 
T-   T3    T  r  Marshal. 

1 .  n.  James,         j 

E.  O.  Upham,-^        }  ^  , 

T     TT   WT     uu  r  Recorder. 

L.  H.  Washburn,    \ 

John  Wiley,  Treasurer. 

Charles  S.  Porter,*     )  /-  n     4. 
A  ,  .   ,  XT  y  Collector. 

Abial  Fry,  ) 

William  Dill,  Assessor. 

Marx  Block,  Wharf  Master. 

Romulus  Hawley,*     )  c..       «.  r-  •     • 

^  TT      1  >■  Street  Commissioner. 

Cyrus  Hawley,  \ 

Cornelius  Cadle,  City  Measurer. 


*These  gentlemen  resigned  their  respective  offices   to  enlist  in   the   army,  when  their 
places  were  filled  by  appointment. 


LIST   OF   OFFICERS. 


I! 


iS6' 


Mayor- -HENRY  FUNCK. 


ALDERMEN. 
Philip  Stein, 
R.  T.  Wallace, 
Benjamin  Middleton, 


Isaac  R.  Mauck, 
Henry  Molis, 
Richard  Musser. 


T.  B.  James,  Marshal. 

D.  S.  Biles,  Recorder. 

John  Wiley,  Treasurer. 

William  Leffingwell,  Collector. 

L.  T.  Goldsberry,  Assessor. 

Marx  Block,  Wharf  Master. 

Wm.  A.  Thayer,  Street  Commissioner. 

Joseph  S.  Multord,  City  Measurer. 


Mayor 


1864. 

S.  D.  VIELE. 


ALDERMEN. 


Henry  W.  Moore, 
Ferdinand  Kaufmann, 
W.  H.  Simpson, 


Philip  Stein, 
R.  T.  Wallace, 
Benj.  Middleton. 


T.  B.  James,  Marshal. 

D.  S.  Biles,  Recorder. 

A.  F.  Demorest,  Treasurer. 

William  Leffingwell,  Collector. 

T.  B.  James,  Assessor. 

Marx  Block,  Wharf  Master. 

Wm.  A.  Thayer,  Street  Commissioner. 

John  Chambers,  City  Measurer. 

1865. 

Mayor—benjamin  hershey. 

ALDERMEN. 

Henry  W.  Moore, 


Philip  Stein, 
S.  B.  Crane,^-       ) 
Geo.  Schneider,  j 
L.  H.  Washburn, 

T.  B.  James,  Marshal. 
D.  S.  Biles,  Recorder. 


Ferdinand  Kauffman, 
W.  H.  Simpson. 


*0n  the  death  of  Mr.  Crane,  George  Schneider  was  appointed  to  fill  the  vacancy  until 
election. 


12  LIST   OF   OFFICERS. 


John  Wiley,  Treasurer. 
William  Leffingwell,  Collector. 
William  Gordon,  Assessor. 
Daniel  Sterneman,  Wharf  Master. 
William  A.  Thayer,  Street  Commissioner. 
Edward  Hoch,  City  Measurer. 


1866. 
Mayor— BENJAMIN  HERSHEY. 

ALDERMEN. 

F.  Wienker,  Philip  Stein, 

J.  A.  Reuling,  L.  H.  Washburn, 

C.  F.  Kessler,  Noah  Green.* 

T.  B.  James,  Marshal. 

D.  S.  Biles,  Recorder. 

Henry  Molis,  Treasurer. 

William  Leffingwell,  Collector. 

William  Gordon,  Assessor. 

George  Schneider,  Wharf  Master. 

Michael  Murphy,  Street  Commissioner. 

1867. 
Mayor— GEORGE  MEASON. 

ALDERMEN. 

C.  E.  Kent,  F.  Wienker, 

Alpheus  Palmer,  J.  A.  Reuling, 

L.  H.  Washburn,  C.  F.  Kessler. 

J.  G.  Wells,  Marshal. 

John  H.  Munroe,  Recorder. 

A.  F.  Demorest,  Treasurer. 

William  Dill,  Collector. 

Lewis  Coe,  Assessor  for  County  purposes. 

J.  P.  Freeman,  Assessor  for  City  purposes.  " 

William  H.  Snyder,  Wharf  Master. 

Romulus  Hawley,  Street  Commissioner. 

Cornelius  Cadle,  City  Measurer. 

*Noah  Green  was  elected  to  fill  the  unexpired  term  of  S.  B.  Crane. 


LIST   OF   OFFICERS.  1 3 

1868. 

Mayor— E.  KLEIN. 

ALDERMEN.  _ 

William  Spring,  C.  E.  Kent, 

V,  Chambers,  C.  Cadle,"^ 

John  Cackler,  L.  H.  Washburn. 

John  K.  Scott,  Marshal. 

John  H.  Munroe,  Recorder. 

William  Leffingwell,  Treasurer. 

O.  W.  Brown,  Collector. 

Wm.  Gordon,  Assessor  for  County  purposes. 

Lewis  Coe,  Assessor  for  City  purposes. 

Marx  Block,  Wharf  Master. 

James  S.  Patten,  Street  Commissioner. 

1869. 
Mayor— WILLIAM  B.  KEELER. 

ALDERMEN. 

Joseph  Bridgman,  William  Spring, 

C.  U.  Hatch,  V.  Chambers, 

J.  B.  Dougherty,  John  Cackler. 

John  K.  Scott,  Marshal. 

John  H.  Munroe,  Recorder. 

C.  E.  Kent,  Treasurer. 

P.  A.  Brumfield,  Assessor  for  County  purposes. 

P.  A.  Brumfield,  Assessor  for  City  purposes. 

George  R.  White,  Wharf  Master. 

James  S.  Patten,  Street  Commissioner. 

Cornelius  Cadle,  City  Measurer. 

1870. 
Mayor— S.  G.  STEIN. 

ALDERMEN. 
Henry  Funck,  Joseph  Bridgman, 

Henry  Molis,  C.  U.  Hatch, 

John  Cackler,  J.  B.  Dougherty. 

Robert  Williams,  Police  Judge. 
Galbraith  Bitzer,  Marshal. 

*On   Mr.  Palmer's  removal  from  the  city  in  1867,  Mr.  C .  Cadle  was  elected  to  fill  the 
vacancy.  ^ 


14  LIST   OF   OFFICERS. 

John  H.  Munroe,  Recorder. 

C.  E.  Kent,  Treasurer. 

P.  A.  Brumfield,  Assessor  for  County  purposes. 
P.  A.  Brumfield,  Assessor  for  City  purposes. 
W.  G.  Block.  Wharf  Master. 
John  Beard,  Street  Commissioner. 

1871. 
Mayor— S.  G.  STEIN. 

ALDERMEN. 

Michael  Murphy,  Henry  Funck, 

John  Daiber,  Henry  Molis, 

A.  F.  Adams,  John  Cackler. 

Robert  Williams,  Police  Judge. 

D.  L.  Ewing,  Marshal. 
Robert  Williams,  Recorder. 

C.  E.  Kent,  Treasurer. 

P.  A.  Brumfield,  Assessor  for  County  purposes. 

D.  P.  Johnson,  Assessor  for  City  purposes. 
W.  G.  Block,  Wharf  Master. 

Patrick  Murphy,  Street  Commissioner. 

1872. 
Mayor— J.  P.  AMENT. 

ALDERMEN. 
Jacob  Dold,  Michael  Murphy, 

I.  L.  Graham,  John  Daiber, 

Galbraith  Bitzer,  A.  F.  Adams. 

Robert  Williams,  Police  Judge. 

D.  L.  Ewing,  Marshal. 

Robert  Williams,  Recorder. 

C.  E.  Kent,  Treasurer. 

P.  A.  Brumfield,  Assessor  for  County  purposes. 

P.  A.  Brumfield,  Assessor  for  City  purposes. 

W.  G.  Block,  Wharf  Master. 

B.  H.  Eversmeyer,  Street  Commissioner. 

1873- 
Mayor— J.  P.  AMENT. 

ALDERMEN. 

M.^  Murphy,  Jacob  Dold, 

O.  P.  Watters,  I.  L.  Graham, 

John  Lantz,  Galbriath  Bitzer. 


LIST   OF   OFFICERS. 

Robert  Williams,  Police  Judge. 

D.  L.  Ewiiig-,  Marshal. 

Robert  Williams,  Recorder. 

William  Leffingwell,  Treasurer.  ^^^^ 

D.  P.  Johnson,  Assessor  for  County  purposes. 

D.  P.  Johnson,  Assessor  for   City  purposes. 

W.  G.  Block,  Wharf  Master. 

William  Calder,  Street  Commissioner. 


1874- 
Mayor— RICHARD  MUSSER. 


ALDERMEN. 


Alexander  Jackson, 
J.  J.  Hoopes, 
M.  Benham, 


Michael  Murphy, 
Jacob  Fisch,"^ 
John  Lantz. 


Robert  Williams,  Police  Judge. 

D.  L.  Ewing-,  Marshal. 

Robert  Williams,  Recorder. 

William  Leffingwell,  Treasurer. 

D.  P.  Johnson,  Assessor  for  County  purposes. 

George  Wiley,  Assessor  for  City  purposes. 

W.  G.  Block,  Wharf  Master. 

B.  H.  Eversmeyer,  Street  Commissioner. 


Mayor- 


1875. 
HENRY  MOLIS. 


ALDERMEN. 


Frank  Moran, 

Jacob  Fisch, 

T.  R.  Fitzgerald, 


Alex.  Jackson, 
J.  J.  Hoopes, 
John  Lantz. t 


Robert  Williams,  Police  Judge. 

D.  L.  Ewing,  Marshal. 

Robert  Williams,  Recorder. 

William  Leffingwell,  Treasurer. 

D.  P.  Johnson,  Assessor  for  County  purposes. 

D.  P.  Johnson,  Assessor  for  City  purposes. 

George  F.  Funck,  Wharf  Master. 

Michael  Purcell,  Street  Commissioner. 

*0n  Mr.  Wattor's  removal  from  the  city,  Jacob  Fisch  was  elected  to  fill  the  vacancy. 
tOn  Mr.  Benham's  removal  to  St.  Louis,  John  Lantz  was  elected  to  fill  the  vacancy. 


1 6  LIST   OF   OFFICERS. 

1876. 

Mayor-J.  p.  AMENT. 

ALDERMEN. 
Georgti  W.  Dillaway,  Frank  Moran, 

John  Byrne,  Jacob  Fisch, 

Maurice  Neidig,  T.  R.  Fitzgerald. 

Robert  Williams,  Police  Judge. 

D.  L.  Ewing,  Marshal. 

Robert  Williams,  Recorder. 

William  Leffingwell,  Treasurer. 

D.  P.  Johnson,  Assessor  for  County  purposes. 

Geo.  Wiley,  Assessor  for  City  purposes. 

George  F.  Funck,  Wharf  Master. 

Michael  Purcell,  Street  Commissioner. 

1877. 
Mayor— T.  R.  FITZGERALD. 

ALDERMEN. 
ELdward  Hoch,  Geo.  W.  Dillaway, 

John  Knopp,  John  Byrne, 

Galbraith  Bitzer,  Maurice  O.  Neidig, 

Robert  Williams,  Police  Judge. 

D.  L.  Ewing,  Marshal, 

Robert  Williams,  Recorder. 

Henry  Molis,  Treasurer. 

D.  P.  Johnson,  Assessor  for  County  purposes. 

D.  P.  Johnson,  Assessor   for  City  purposes. 

George  F.  Funck,  Wharf  Master. 

Michael  Purcell,  Street  Commissioner. 

1878. 
Mayor— RICHARD  MUSSER. 

ALDERMEN. 
John  Hahn,  Edward  Hoch, 

Samuel  Cohn,  John  Knopp, 

J.  B.  Mark,  Galbraith  Bitzer. 

Robert  Williams,  Police  Judge. 

J.  A.  Eaton,  Marshal. 

Robert  Williams,  Recorder. 

D.  P.  Johnson,  Assessor  for  County  purposes. 

George  R.  White,  Assessor  for  City  purposes. 

George  F.  Funck,  Wharf  Master. 

Romulus  Hawley,  Street  Commissioner. 

George  Schneider,  Steamboat  Register. 


RULES  AND  ORDER  OF  BUSINESS 


OF    THE 


CITY  COUNCIL. 


MEETINGS   OF   THE   COUNCIL. 

1.  Regular  meetings  of  the  Council  shall  be  held  at  the 
Council  Room  on  the  evenings  of  the  third  Saturday  of  each 
month,  and  special  meetings  shall  be  ordered  by  the  Mayor 
when  required  by  two  members  of  the  Council  from  different 
wards,  or  upon  his  own  motion,  when  he  may  deem  such 
meetings  proper  and  advisable. 

2.  Notices  of  special  meetings  shall  be  served  by  the  Mar- 
shal, on  each  member  of  the  Council,  either  personally,  or  by 
leaving  the  same  at  his  residence  or  place  of  business. 

3.  The  Marshal  shall  have  the  care  of  the  Council  Room, 
and  be  in  attendance  on  the  meetings  of  the  Council. 

ORDER   OF   BUSINESS. 

1.  The  Mayor  shall  take  the  chair  at  the  hour  appointed 
for  the  meeting  ;  and,  if  a  quorum  be  present,  he  shall  direct 
the  Recorder  to  read  the  minutes  of  the  last  preceding  meet- 
ing, for  correction  and  approval. 

2.  To  constitute  a  quorum  there  sjjall  be  present  at  least 
four  Aldermen,  including  one  from  each  ward. 

3.  If  a  quorum  be  not  present  at  the  hour  fixed  for  the 
meeting  of  the  Council,  the   Mayor  shall  direct  the  Marshal 


RULES   AND    ORDER    OF   BUSINESS. 


to  bring  in  the  absentees.  If  there  be  less  than  a  quorum, 
the  members  present  shall  do  no  business,  except  to  adjourn 
or  compel  the  attendance  of  absent  members. 

4.  If  a  quorum  be  present  the  regular  order  of  business, 
after  the  reading  and  approval  of  the  minutes,  shall  be  as  fol- 
lows : 

I.  The  presentation  of  petitions  and  communications. 

2.  Reports  of  city  officers. 

3.  Reports  of  committees. 

4.  Bills. 

5.  Ordinances  on  their  first  or  second  reading,  or  on  their 
passage. 

6.  Unfinished  business. 

7.  Resolutions,  motions,  and  other  miscellaneous  business. 

DUTIES   AND    POWERS   OF   THE   MAYOR. 

1.  The  Mayor  shall  preserve  order,  and  decide  all  questions 
of  order  or  precedence  of  business  ;  but  an  appeal  from  his 
decision  may  be  taken,  by  any  member,  to  the  Council  with- 
out a  second. 

2.  He  may,  whenever  it  may  be  necessary,  require  the  as- 
sistance of  the  Marshal  in  the  preservation  of  order  and 
proper  decorum,  while  the  Council  is  in  session. 

3.  He  shall  have  the  casting  vote  on  all  questions  upon 
which  the  City  Council  is  equally  divided,  but  not  ptherwise. 

4.  While  the  Mayor  is  speaking  no  member  shall  leave 
his  seat. 

5.  When  a  motion  is  made,  ora  resolution  presented,  the  same 
shall  be  stated  by  the  Mayor,  and  no  debate  thereon  shall  be 
in  order,  until  such  statement  is  made  by  the  Mayor,  nor  after 
such  statement,  if  the  question  is  not  debatable. 

6.  He  shall,  when  ordered  by  the  Council,  direct  the  Mar- 
shal to  have  present  at  its  session,  any  persons,  books  or 
papers  deemed  necessary  to  the  proper  understanding  of  any 
question  before  it. 

7.  When  two  or  more  arise  at  once  the  Mayor  shall  name 
the  member  who  is  entitled  to  speak. 

DUTIES   OF   MEMBERS. 

8.  Each  member,  on  presenting  any  communication,  reso- 
lution, or  other  matter  for  the  consideration  and  action  of  the 
Council,  shall  rise  and  address  the  Mayor  as  '*  Mr.  President," 
and  having  made  such  explanation,  or  statement,  as  he  shall 
deem  necessary,  of  the  matter  he  desires  to  present,  shall  ask 
leave  to  present  the  same. 


RULES   AND   ORDER    OF   BUSINESS.  19 

9.  No  member  shall  be  permitted  to  speak  without  rising 
and  addressing  the  Chair  in  the  proper  form,  nor  shall  he  pro- 
ceed with  his  remarks  until  he  is  recognized  and  named  by 
the  Chair. 

10.  No  member  shall  speak  more  than  twice  upon  the  same" 
general  question,  except  by  unanimous  consent. 

11.  A  member  called  to  order  while  speaking,  shall,  unless 
permitted  to  explain,  immediately  cease  speaking  and  sit 
down,  until  the  point  of  order  is  presented  and  decided.  If 
there  be  no  appeal,  the  decision  of  the  Chair  shall  be  con- 
clusive, but  if  an  appeal  be  taken  from  the  decision  of  the 
Chair,  the  Council  shall  decide  on  the  matter  without  debate. 

12.  While  a  member  is  speaking,  no  member  shall  hold  any 
private  discourse,  or  pass  between  the  speaker  and  the  Chair. 

13.  No  member  shall  vote  on  any  matter  in  which  he  is 
directly  interested.  But  he  shall,  if  present,  vote  on  all  other 
questions,  unless  excused  by  the  Council. 

14.  No  member  shall  speak  to  the  Council  unless  there  be 
some  question  then  pending  before  it,  except  to  make  an  ex- 
planation or  an  inquiry. 

RESOLUTIONS,  MOTIONS   AND    ORDINANCES. 

15.  All  resolutions  shall  be  in  writing,  and  every  motion 
shall  be  reduced  to  writing  when  requested  by  the  Mayor  or 
any  Alderman. 

16.  No  motion  shall  be  put  and  debated  unless  it  is  sec- 
onded. When  a  motion  is  seconded  it  shall"  then  be  stated 
by  the  Mayor  or  be  read,  if  reduced  to  writing,  by  the  Re- 
corder or  the  member  offering  it. 

17.  After  a  motion  or  resolution  has  been  stated  by  the 
Mayor,  it  shall  be  regarded  as  properly  before  the  Council, 
but  it  maybe  withdrawn  at  anytime  before  amendment  is  made 
to  it,  or  vote  taken  on  it  ;  but  if  an  amendment  has  been 
made  or  a  vote  taken,  it  can  only  be  withdrawn  by  the  con- 
sent of  the  Council. 

18.  On  the  request  of  any  two  members  of  the  Council, 
the  yeas  and  nays  shall  be  taken  and  entered  on  the  minutes. 

19.  All  ordinances,  under  the  Charter,  shall  be  presented  at 
the  regular  meetings  of  the  Council,  by  leave  ;  they  shall  be 
read  three  times  before  their  final  passage,  but  not  more  than 
twice  at  one  meeting,  unless  by  suspension  of  this  rule  ;  but 
they  may  be  rejected  by  the  Council  on  the  first  or  sec- 
ond reading. 

20.  When  a  question  is  pending  or  under  debate,  no  other 
business  shall  be  in  order,  and  no  matter  shall  be  entertained 


20  RULES   AND    ORDER   OF   BUSINESS. 

except  : — ist,  A  motion  to  adjourn.  2d.  To  lay  on  the  table. 
3d.  To  postpone  indefinitely.  4th.  The  previous  question. 
5th.  To  refer  to  a  committee.  6th.  To  amend,  and  7th,  To 
adjourn  to  a  particular  day.  Such  motions  shall  have  prece- 
dence in  the  order  herein  named,  the  first,  second  and  fourth 
to  be  decided  without  debate. 

QUESTIONS   NOT    DEBATABLE. 

21.  Motions  to  adjourn,  to  lay  on  the  table,  or  for  the  pre- 
vious question,  are  not  debatable  ;  but  when  the  motion  is  to 
adjourn  to  a  certain  day,  or  to  lay  on  the  table  and  publish, 
or  to  do  any  other  thing,  it  is  then  open  to  amendment 
and  debate. 

MOTION   TO   ADJOURN. 

22.  A  motion  to  adjourn  is  always  in  order,  except  when  a 
member  has  the  floor  ;  or,  2d,  While  the  yeas  and  nays  are 
being  called  ;  or,  3d,''  When  the  members  are  voting  ;  or, 
4th,  When  the  previous  question  has  been  ordered  ;  or,  5th, 
When  adjournment  was  the  preceding  motion. 

PREVIOUS   QUESTION. 

23.  When  the  previous  question  is  moved  and  put,  it  shall 
be  in  the  following  form  :  "Shall  the  main  question  be  now 
put  ?''  If  this  is  carried,  all  amendments  not  acted  on,  and  all 
further  motions  or  debate  shall  be  at  an  end,  and  the  question 
be  put  without  delay. 

AMENDMENT. 

24.  A  motion  to  amend  shall  be  in  order,  but  to  amend  an 
amendment  to  an  amendment  shall  not  be  entertained. 

25.  Nothing  offered  as  an  amendment  to  any  matter  be- 
fore the  Council  will  be  entertained  unless  it  is  germain  to 
such  matter. 

RECONSIDERATION. 

26.  A  motion  may  be  made  to  reconsider  at  any  time  dur- 
ing the  same  meeting,  or  at  the  first  meeting  had  thereafter. 

27.  A  motion  to  reconsider  must  be  made  and  seconded  by 
members  who  voted  in  the  majority,  or  by  those  who  were  ab- 
sent and  did  not  vote  on  the  matter  on  which  reconsidera- 
tion is  desired. 

28.  No  question  shall  be  reconsidered  more  than  once,  nor 
shall  a  vote  to  reconsider  be  reconsidered. 


RULES   AND    ORDER    OF   BUSINESS.  21 

COMMITTEES. 

28.  The  Mayor  shall  appoint  all  committees,  unless  the 
Council  otherwise  order. 

29.  All    standing    committees    shall    be    appointed  by  the_ 
Mayor  annually,  on  entering-  upon  the  duties  of  his  office,  and 
the  first  named  shall  be  the  Chairman  thereof. 

30.  The  Standing  Committees  shall  be 

1.  On  Finance  and  Claims. 

2.  On  Streets  and  Alleys. 

3.  On  Sidewalks, 

And  such  other  standing  committees  as  the  Council  may 
authorize  hereafter. 

31.  Standing  and  special  committees  shall  consist  of  not 
less  than  three  members. 

32.  Standing  committees,  and  special  comrnittees,  to  whom 
matters  are  referred  by  the  Council,  shall  report  at  the  next 
regular  meeting  of  the  Council  after  the  reference,  unless 
otherwise  instructed,  or  further  time  be  given. 

33.  Such  reports  shall  briefly  describe  the  matter  referred 
to  it,  and  the  conclusion  to  which  the  committee  has  come  ; 
which  conclusion  shall  be  summed  up  in  form  of  an  order, 
resolution  or  recommendation. 

34.  On  the  acceptance  of  a  final  report  from  a  special  com- 
mittee, the  said  committee  shall  be  considered  discharged, 
without  a  vote,  unless  otherwise  ordered. 

MISCELLANEOUS. 

35.  No  person,  not  a  member  of  the  Council,  shall  be  al- 
lowed to  speak  before  the  Council,  except  by  permission  of 
the  Council. 

36.  Any  member  may  call  for  the  reading  of  any  paper  in 
the  possession  of  the  Council,  bearing  upon  a  question  then 
pending. 

37.  In  filling  blanks  the  question  shall  be  upon  the  highest 
number  or  the  longest  time. 

38.  All  bills  and  claims  against  the  city  shall  be  referred  to 
some  committee,  and  shall  lie  over  until  the  next  meeting  of 
the  Council,  unless  the  Council  shall,  by  unanimous  consent 
of  the  members  present,  allow  the  claim,  in  which  case  pay- 
ment may  be  ordered  at  the  same  meeting  at  which  the  claim 
is  presented. 

39.  No  resolution,  or  other  action  of  the  City  Council,  ap- 
propriating money,  or  involving  the  appropriation  of  money, 
shall  be  passed  at  the  same  session  of  the  Council  at  which  it 


22  '        RULES   AND   ORDER    OF   BUSINESS. 

is  presented,  unless  by  unanimous  consent  of  the  members 
present,  but  shall,  unless  such  unanimous  consent  be  had,  be 
referred  to  some  appropriate  committee,  which  shall  report  at 
the  next  meeting  of  the  Council. 

40.  In  all  proceedings  to  amend  or  to  change  an  ordinance, 
or  any  section  thereof,  the  proposed  amendment  shall  contain 
the  entire  ordinance,  or  the  section  thereof,  as  the  case  may 
be,  to  be  amended  or  changed,  and  the  former  ordinance  or 
section  thereof,  shall  be  repealed.  In  other  words,  an  ordi- 
nance or  section  of  an  ordinance  shall  not  be  amended  by 
striking  out,  inserting  or  adding  words  ;  but  the  former  ordi- 
nance or  section  (as  the  case  may  be)  shall  be  repealed,  and 
the  new  one,  as  amended,  written  out  in  full,  and  substituted 
in  its  place. 

41.  The  foregoing  rules  may  be  temporarily  suspended  by  a 
vote  of  two-thirds  of  the  members  present,  but  no  change  or 
alteration  in  them,  or  any  addition  to  them,  shall  be  made  ex- 
cept by  the  concurrence  of  all  the  Aldermen. 


CHARTER   OF   THE 

CITY   OF   MUSCATINE 


ARTICLE  I. 

TOWN  OF  MUSCATINE  CKEATED   A    CITY— BOUNDARIES    OF    CITY— DIVISION 

INTO  WARDS. 

1.  City  of  Muscatine  created.  {  4.  Boundaries  of  City. 

2.  Made  a  body  corporate.  j  5.  Divided  into  three  wards,  witli  pow- 

3.  Riglits,   powers,  duties,  etc.,  of   town    j  er  to  create  new  wards,  and  to  change   ex. 
of  Muscatine,  transfered  to    and  imposed  isting  ones. 

upon  said  City. 

Section  i.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  loiva.  That  the  town  of  Muscatine,  (formerly  the 
town  of  Bloomington,)  in  the  county  of  Muscatine,  is  hereby 
created  a  city  by  the  name  of  the  "City  of  Muscatine." 

Sec.  2.  The  said  city  is  made  a  body  corporate,  and  is  in- 
vested with  all  the  powders  and  attributes  of  a  municipal  cor- 
poration. 

Sec.  3.  All  the  rights,  powers,  privileges,  duties,  liabilities, 
and  property  of  the  late  town  of  Muscatine,  are  hereby  trans- 
ferred to  and  imposed  upon  the  said  city,  except  as  repealed 
or  qualified  herein,  and  the  same  may  be  enforced  by  or 
against  the  city,  as  they  might  have  been  by  or  against 
the  town. 

Sec.  4.  The  following  shall  be  the  boundaries  of  the  said 
City  of  Muscatine  :     Commencing  at  a  point  in  the  center  of 

*The  original  charter  of  the  City  of  Muscatine  was  approved  February  1st,  1851.  Previous 
to  the  adoption  of  the  present  State  Constitution,  amendments  were  made  to  it,  bv  the  Leg- 
islature, viz. :  Act  of  1853,  page  137;  Act  of  1855.  page  76;  Act  of  1856.  page  49;  Acts  of  1857, 
pages  25  and  149. 


24  CITY   CHARTER. 

the  main  channel  of  the  Mississippi  River,  where  the  south 
line  of  section  ten,  township  seventy-six,  north  of  range  two 
west  of  5th  P.  M.  should  strike — thence  west  and  along  said 
section  line  to  the  west  line  of  said  section  ten  ;  thence  north, 
and  along  the  section  lines  of  sections  ten,  three,  thirty-four, 
and  twenty-seven,  to  the  northwest  corner  of  the  southwest 
quarter  of  section  twenty-seven,  north  of  range  two  west  of 
5th  P.  M.  ;  thence  east  through  the  center  of  sections  twenty- 
seven,  twenty-six  and  twenty-five,  to  a  point  where  said  lines 
strike  the  township  line,  between  ranges  one  and  two  west  ; 
thence  south  and  along  said  township  line,  to  a  point  in  the 
center  of  the  main  channel  of  the  Mississipi  River,  thence 
along  the  center  of  said  channel,  and  with  the  course  of  the 
same,  to  the  point  of  beginning."^ 

Sec.  5.  The  said  city  is  hereby  divided  into  three  wards,  as 
follows  :  That  part  of  the  city  which  lies  south  ^nd  west  of 
the  middle  of  Chestnut  street  is  the  first  ward  ;  that  part 
lying  between  the  middle  of  Chestnut  street  and  middle  of 
Walnut  street,  is  the  second  v/ard  ;  that  part  lying  north  and 
east  of  the  middle  of  Walnut  street,  is  the  third  ward  ;  but 
the  City  Council  may  create  new  wards  and  change  the  limits 
of  those  now  or  hereafter  established. 


ARTICLE  II. 


ELECTIVE  OFFICERS  OF  THE  CITY 


6.  Who  are  elective    officers.    When  and 
for  what  time  elected. 

7.  Two  Aldermen  to  be  elected  from  each 


ward,  to  hold  for  two  years.  In  case  of  a  tie, 
vote  to  be  determined  by  lot. 


Sec.  6.  The  elective  officers  of  the  city  shall  be  a  Mayor, 
two  Aldermen  from  each  ward,  Treasurer  and  Wharf  Master, 
for  the  choice  of  whom  an  election  shall  be  holden  annually 
on  the  first  Monday  of  March,  and  each  of  whom  will  hold 
his  office  for  the  term  of  one  year,  (except  in  the  case  of  Al- 
derman as  hereafter  provided)  and  until  their  successors  are 
elected  and  qualified. t 

Sec  7.  Two  Aldermen  shall  be  elected  in  each  ward,  and 
such  one  of  the  two  as  receives  at  the  first  election  the  high- 
est number  of  votes,  shall  hold  his  office  for  the  term  of  two 
years,  and  the  other  one  year,  and  thereafter  one  shall  be 
elected  each  year  in  each  ward,  to  hold  for  the  term  of  two 
years.  If  there  be  a  tie  in  the  above  case,  the  matter  is  to  be 
determined  by  lot. 

*Amendment  to  Charter  enlarging  city  limits,  etc.,  approved  July  14th,  1876. 

tBy  the  Act  approved  March  14th,  1876,  post,  it  is  provided  that  cities  organized  and  ex- 
isting under  special  Charters,  shall,  at  their  regular  annual  election,  elect  one  City  Assessor, 
and  by  Chapter  12  of  Acts  of  1868,  cities  under  special  Charter  are  authorized  to  elect  Police 
Judge. 


CITY   CHARTER. 


25 


ARTICLE  III. 

DUTIES  AND  POWERS  OF  MAYOR— IS  EX-OFFICIO  JUSTICE  OF  THE  PEACE- 
IS  PRESIDING  OFFICER  OF  COUNCIL— POWER  TO  APPOINT  PRESIDENT 
PRO  TEM.,  AND  HIS  POWERS.  ^ 


8.  To  see  the  laws  and  oi'dinances  of  the 
City  executed  and  enforced  ;  to  superin- 
tend and  direct  the  official  conduct  of  subor- 
dinate officers ;  keep  seal  of  City,  and  sign 
and  seal  all  commissions,  licenses  and  per- 
mits; and  to  discharge  such  duties  as  per- 
tain to  the  office,  or  may  bo  imposed  by  or- 
dinance. 

9.  Is  exrofflcw  Justice  of  the  Peace.  Juris- 
diction.   Fees. 


10.  Appeal  may  be  taken  from  judgments 
and  decisions  of  Mayors. 

11.  Is  the  Presiding  officer  of  the  Council. 
May  give  casting  vote  in  case  of  tie.  When 
Council  may  appoint  President  pro  tern. 

12.  When  Justices  of  the  Peace  of  Bloom- 
ington  township  may  act  in  cases  arising 
under  City  Ordinances.  President  of  the 
Council  pro  tern,  has  same  powers  as  Mayor, 
except  to  act  as  Justice  of  the  Peace. 


Sec.  8.  It  is  the  duty  of  the  Mayor  to  see  that  the  laws  and 
ordinances  of  the  city  are  executed,  and  their  violations  pun- 
ished ;  to  superintend  and  direct  the  official  conduct  of  the 
subordinate  officers  ;  to  keep  the  seal  of  the  city,  and  to  sign 
and  seal  all  commissions,  licenses  and  permits  granted  by  the 
City  Council,  and  perform  such  duties  and  exercise  such  pow- 
ers as  pertain  to  the  office  of  a  Mayor  of  a  city,  and  such  as 
may  be  granted  by  the  ordinances  of  the  city,  consistent 
with  law. 

Sec.  9.  He  is  by  virtue  of  his  office,  a  Justice  of  the  Peace, 
and  is  invested  with  exclusive  original  jurisdiction  of  cases 
arising  under  the  ordinances  of  the  city,*  with  criminal  juris- 
diction of  the  offences  against  the  laws  of  the  State  com- 
mitted within  the  city,  and  with  civil  jurisdiction  limited  to 
the  city  in  the  same  manner  as  that  of  justices  is,  or  may  be, 
limited  to  their  townships,  and  he  will  not  be  disqualified  to 
act  in  such  judicial  capacity  by  any  proceeding  being  in  the 
name  of  or  in  behalf  of  the  city.  He  will  be  entitled  to  de- 
mand and  receive  in  civil  actions,  and  in  actions  for  the 
breach  of  the  laws  of  the  State,  such  fees  as  are  at  the  time 
allowed  by  the  law  to  a  Justice  of  the  Peace. 

Sec.  10.  Appeals  to  the  District  Court,  in  the  same  county, 
shall  be  allowed  [from]  the  judgment  and  decisions  of  the 
Mayor  in  the  same  cases,  time  and  manner  as  they  are  at  the 
time  allowed  by  law  from  those  of  other  justices,  and  they 
shall  be  tried  in  the  same  manner. 

Sec.  II.  He  shall  be  the  presiding  officer  of  the  City  Coun- 
cil when  present,  and  shall  give  the  casting  vote  when  there 

*The  original  Charter  of  the  city  gave  the  Mayor  exclusive  original  jurisdiction  in  cases 
arising  under  the  ordinances,  but  Chapter  12  of  the  Acts  of  1870,  posU  authorizes  cities 
acting  under  special  Charters  to  elect  Police  Judges,  who  have  jurisdiction  in  all  cases 
arising  under  the  ordinances  of  the  city  electing  them.     See  Police  Judge,  po»t. 


26 


CITY   CHARTER. 


is  a  tie.     In  his  absence  the  Council  may  appoint  a  President 
for  the.  time  being. 

Sec.  12.  In  case  of  the  absence  of  the  Mayor  of  the  City  of 
Muscatine  from  the  city,  and  in  case  of  his  inabiHty  to  act  as 
a  justice,  any  Justice  of  the  Peace  in  the  township  of  Bloom- 
ington  may  take  cognizance  of  cases  ari'^ing  under  the  ordi- 
nances of  the  city  ;  such  absence  or  inability  being  made  to 
appear  upon  the  docket  of  the  justice.  And  in  like  cases  of 
the  absence  or  inability  of  the  Mayor,  the  President  of  the 
Council /r^ /^;///^r^  shall  have  authority  to  sign  ordinances 
and  orders  on  the  Treasurer,  and  to  administer  oaths,  and  do 
all  other  things  pertaining  to  the  office  of  Mayor,  (except  act- 
ing as  a  Justice  of  the  Peace,)  stating,  in  connection  with  his 
signature,  the  absence  or  inabilty  of  the  Mayor.^ 


ARTICLE  IV. 

THE  CITY  COUNCIL— ITS  POWDERS  AND  AUTHORITY— DISABILITIES  OF  MEM- 
BERS OF  THE  COUNCIL. 


13.  City  Council  consists  of  Mayor  and 
Aldermen,  and  is  vested  with  legislative 
authority. 

14.  May  hold  meetings  as  it  may  see  fit,  but 
meetings  must  be  public. 

15.  Majority  necessary  to  make  quorum. 
Is  the  judge  of  the  election  and  qualifica- 
tion of  its  own  members.     May  compel  the 


attendance  of  members.    Must  keep  record 
of  its  proceedings. 

16.  General  enumeration  of  powers. 

17.  When  and  to  what  oflice  members  of 
the  Council  are  ineligible.  Cannot  be  inte- 
rested in  any  contract  or  work  done  for  the 
City. 


Sec.  13.  The  legislative  authority  of  the  city  is  vested  in  a 
City  Council,  consisting  of  the  Mayor,  and  a  Board  of  Alder- 
men, composed  of  two  from  each  ward  of  the  city. 

Sec.  14.  The  Council  may  hold  meetings  as  it  sees  fit,  hav- 
ing stated  times  fixed,  or  having  provided  by  ordinances  for 
the  manner  of  calling  them.     Its  meetings  shall  be  public. 

Sec.  15.  A  majority  of  the  Council  will  be  necessary  to 
constitute  a  quorum.  It  is  the  judge  of  the  election  and 
qualification  of  its  own  members  ;  it  may  determine  the  rules 
of  its  own  proceedings  ;  it  may  compel  the  attendance  of  its 
members  at  its  meetings,  in  such  manner  and  by  such  penal- 
ties as  it  may  adopt  ;  and  it  shall  cause  a  record  of  its  pro- 
ceedings to  be  kept. 

Sec.  16.  The  Council  is  invested  with  the  following  powers  : 
1st.  To  make  ordinances  to  secure  the  inhabitants  against 
fire,   against  violations  of  the   law  and   the  public  peace  ;  to 


♦Amendment  to  Charter,  approved  January  22d,  1853. 


I 


CITY   CHARTER.  ^  2/ 

suppress  riots,  drunkenness,  gambling,  and  indecent  and  dis- 
orderly conduct  ;  and,  generally,  to  provide  for  the  safety, 
good  order,  and  prosperity  of  the  city,  and  the  health,  morals, 
and  convenience  of  the  inhabitants. 

2d.  To  impose  penalties  for  the  violation  of  its  ordinances, 
not  exceeding  one  hundred  dollars,  which  may  be  recovered 
by  civil  action  in  the  name  of  the  city,  or  by  complaint  before 
the  Mayor,"^  as  in  the  case  of  a  complaint  before  a  Justice  of 
the  Peace,  and  the  laws  of  the  State  in  relation  to  carrying 
into  effect  a  judgment  of  a  Justice  of  the  Peace,  under  a 
complaint,  shall  be  applied  to  judgments  in  the  above  cases, 
but  the  charges  thereof  must  be  borne  by  the  cit)^. 

3d.  To  establish  and  organize  fire  companies,  and  provide 
them  with  engines  and  other  fire  apparatus. 

4th.  To  regulate  the  keeping  and  the  sale  of  gunpowder 
within  the  city,  and  to  provide  that  no  building  of  wood  shall 
be  erected  within  such  parts  of  the  city  as  may  be  designa- 
ted, and  to  declare  such  buildings  a  nuisance  and  cause 
their  removal. 

5th.  To  have  the  control  of  the  landing  on  the  Mississippi 
river,  and  build  wharves  and  regulate  the  landing,  wharfage, 
and  dockage  of  boats  and  all  water  crafts,  goods,  lumber  and 
other  things  landed  at,  or  taken  [away]  from  the  same  :  Pro- 
vided, nothing  in  this  section  shall  be  [so]  construed  as  to 
affect  the  rights  of  the  State  or  counties,  nor  to  prevent  the 
the  County  of  Muscatine  from  granting  ferry  charters  in 
said  county. 

6th.  To  exercise  exclusively  the  power  to  provide  for  the 
license,  regulation,  or  prohibition  of  exhibitions,  shows  and 
theatrical  performances,  billiard-tables  ,  ball  and  ten-pin  alleys, 
and  places  where  any  games  of  skill  or  chance  are  played. 
But  this  power  extends  to  no  exhibition  of  a  properly  literary, 
scientific,  or  artistical  character— and  when  the  law  of  the 
State  permits  license  for  the  sale  of  intoxicating  liquors,  that 
subject  shall  be  within  the  exclusive  authority  of  the  Coun- 
cil, and  it  may  at  all  times  prohibit  the  retail  of  the  above 
liquors,  unless  such  prohibition  would  be  inconsistent  with 
the  law  of  the  State  at  the  time  existing  ;  and  it  may  revoke 
or  suspend  any  of  the  licenses  above  mentioned,  when  it  con- 
siders that  the  good  order  and  welfare  of  the  city  require  it. 

7th.  To  make  all  requisite  ordinances  in  relation  to  the 
cleanliness  and  health  of  the  city,  and  to  require  the  owners 
of  lots  on  which  water  becomes  stagnant,  to  drain  or  fill  up 

*See  Police  Judge,  "j^mt. 


28  CITT   CHARTER. 

the  same,  and  in  default  thereof,  after  a  reasonable  notice,  to 
cause  the  same  to  be  done  at  the  expense  of  the  city,  and 
assess  the  cost  on  the  specific  lots,  and  cause  them  to  be  sold 
by  the  city  collector,  as  in  the  case  of  unpaid  taxes  ;  but  the 
owner  may  redeem  the  same  as  in  that  case. 

8th.  To  regulate  cartage  and  drayage  within   the  city,  and 
may  license    therefor  ;    and   may  also  make  a  prohibition    of 
animals  running  at  large  within  the  city. 

9th.  To  provide  for  the  establishment  and  support  of 
schools  in  the  city  when  there  has  been  a  legal  vote  of  the 
citizens  in  favor  thereof,  and  to  provide  for  the  government 
of  the  same. 

lOth.  To  audit  all  claims  against  the  city  —  to  provide  for 
the  keeping  of  the  public  money  of  the  city,  and  the  manner 
of  drawing  the  same  from  the  treasury  ;  and  all  officers  of  the 
city  are  accountable  to  the  Council  in  such  manner  as  it  di- 
rects— and  it  is  the  duty  of  the  Council  to  publish  annually  a 
particular  statement  of  the  receipts  and  expenditures  of  the 
city,  and  of  all  debts  owing  to  or  from  the  same. 

nth.  To  establish  the  grades  of  the  streets,  alleys  and 
wharfs,  and  to  change  that  of  wharfs  at  pleasure,  and  when- 
ever they  may  deem  it  expedient  for  the  public  interests  of 
the  city,  to  alter  the  width,  course  or  grade  of  any  street 
or  alley.* 

I2th.  To  prescribe  the  manner  of  calling  the  meetings  of 
the  citizens,  except  for  the  election  of  officers. 

13th.  To  appoint  in  such  manner  as  it  determines,  and  dur- 
ing pleasure,  one  or  more  street  commissioners,  a  clerk  of 
the  market,  city  surveyor,  health  officers,  and  such  other  offi- 
cers as  it  deems  advisable  ;  and  may  prescribe  their  duties, 
powers  and  qualifications  ;  and  may  provide  for  the  election 
of  any  of  those  officers  by  the  citizens. 

14th.  To  cause  the  streets  and  alleys  of  the  city  to  be 
paved,  and  the  pavements  to  be  repaired  ;  and  to  that  end  it 
may  require  the  owners  of  the  lots  adjacent  to  which  it  is  to 
be  done,  to  pave  or  repair  one-half  in  width  of  the  street  con- 
tiguous to  their  respective  lots  ;  and  in  case  of  neglect  after 
a  reasonable  time  named  in  the  order,  the  same  may  be  done 
by  the  city,  and  the  expense  may  be  assessed  on  such  lots, 
which  shall  have  the  effect  of  a  tax  levied  thereon,  and  they 
may  be  sold  therefor  as  for  a  tax,  subject  to  the  same  right  of 
redemption. 


♦Amendment  to  Charter,  approved  January  24th,  1855.     Same  approved  July  14th,  1856. 


CITY   CHARTER. 


29 


15th.  To  borrow  money  for  any  object  in  its  discretion,  if 
at  a  regularly  notified  meeting,  under  a  notice  stating  dis- 
tinctly the  nature  and  object  of  the  loan,  and  the  amount 
thereof,  as  nearly  as  practicable,  the  citizens  determine  in 
favor  of  the  loan  by  a  majority  of  two-thirds  of  the  votes- 
given  at  the  election. 

i6th.  To  fill  vacancies  occurring  in  any  of  the  city  officers 
by  appointment  of  record,  to  hold,  in  case  of  elective  officers, 
until  the  next  regular  election  and  the  qualification  of  the 
successor. 

Sec.  17.  No  member  of  the  City  Council  shall  be  eligible 
to  any  office  in  the  gift  of  the  Council,  during  the  term  for 
which  he  is  elected,  nor  shall  he  be  interested  directly  or  in- 
directly in  the  profits  of  any  contract,  or  job,  of  work,  or  ser- 
vice to  be  perform.cd  for  the  city. 


ARTICLE  V, 

ORDINANCES. 


18.  Must  be  signed  by  the  Mayor  and  at- 
tested by  the  Recorder,  and  published  ten 
days  before  they  talce  effect.  Must  be  re- 
corded in  a  book  for  that  purpose,  signed  by 


the  Mayor,  and  attested  by  Recorder. 

19.  Affidavit  of  publisher  of  newspaper 
'prima  facie  evidence  of  publication. 


I 


Sec.  18.  Ordinances  passed  by  the  City  Council  shall  be 
signed  by  the  Mayor  and  attested  by  the  Recorder,  and  be- 
fore they  take  effect  be  published  in  one  or  more  newspa- 
pers printed  in  the  city  at  least  ten  days,  or  be  posted  in  each 
ward  for  fifteen  days  ;  they  shall  be  recorded  in  a  book  to  be 
kept  for  that  purpose,  and  signed  by  the  Mayor  and  attested 
by  the  Recorder. 

Sec.  19.  An  affidavit  made  by  the  Recorder,  Marshal  or 
Mayor,  or  by  the  printer  or  publisher  of  a  newspaper,  in 
which  an  ordinance  may  be  published,  stating  the  time  and 
manner  of  the  publication  of  an  ordinance,  and  sworn  to  be- 
fore the  Mayor  or  any  Justice  of  the  Peace  in  the  county  of 
Muscatine,  and  filed  in  the  Recorder's  office,  or  made  and 
signed  on  the  face  of  the  record  of  ordinances,  shall  be  prima 
facie  evidence  of  the  publication  therein  stated.* 

♦Amendment  to  Charter  approved  January  22d,  1853. 


30  CITY   CHARTER. 

ARTICLE  VI. 

RECORDER  AND  MARSHAL. 

20.  Council  may  appoint,  to  hold  office  j  Must  execute  proceys  directed  to  him.  May 
during  pleasure  of  Council.  j  serve  such  process  anywhere  in  the  county. 

21.  Recorder  to  keep  a  true  record  of  i)ro-  |  May  quell  riots  and  disturbances  in  the  city 
ceedings  of  Conncil,  and  perform  such  other  i  and  prevent  crimes  and  arrest  offenders 
duties  as  the  Council  may  require  of  him,  j  therein.     May  appoint  deputies    with    ap- 

22.  Marshal  is  conservator  of  the  peace.  |  proval  of  Council.    Fees. 

Sec.  20.  The  Council  of  the  .said  city  shall  have  authority  to 
appoint  the  Marshal  and  Recorder  of  the  city,  which  officers 
shall  hold  their  respective  offices  during  the  pleasure  of  the 
Council,  and  from  whom  or  any  of  them,  the  Council  may,  by 
general  ordinance,  require  bond.^ 

Sec.  21.  The  Recorder  is  required  to  keep  a  true  record  of 
all  the  official  proceedings  of  the  Council,  and  such  record 
shall  at  all  times  be  open  to  the  inspection  of  any  citizen, 
and  he  shall  perform  such  other  duties  as  may  be  required  by 
the  Council. 

Sec.  22.  The  Marshal  is  made  a  conservator  of  the  peace; 
he  is  the  executive  officer  of  the  Mayor's  court, t  and  shall  exe- 
cute and  return  all  process  directed  to  him  by  the  Mayor,  and 
in  cases  for  the  violation  of  the  criminal  laws  of  the  State 
and  of  the  ordinances  of  the  city,  may  execute  such  process 
in  any  part  of  the  county;  he  is  invested  with  the  same  au- 
thority within  the  city  to  quell  riot  and  disturbances,  to  pre- 
vent crimes  and  to  arrest  offenders,  that  the  Sheriff  has  within 
his  county.  He  shall  perform  such  other  duties  as  the  Coun- 
cil prescribe,  and  with  its  approval  may  appoint  one  or  more 
deputies,  for  whose  official  acts  he  will  be  responsible,  and 
whom  he  may  discharge  ;  for  the  services  of  legal  process  he 
will  be  entitled  to  the  same  fees  as  a  constable,  and  for  services 
required  by  the  Council,  such   compensation  as  it  may  allow. 


ARTICLE  VII. 

ELECTIONS— HOW  ELECTIONS  ARE  TO  BS  CONDUCTED -'QUALIFICATION    OF 
VOTERS— WHO  ELIGIBLE  AS  OFFICERS— NOTICE  OF  ELECTION    RETURNS. 


23.  How  elections  are  to  be  conducted. 

24.  Who  are  voters. 

2.5.  Vote  may  be  challenged. 

26.  No  person  eligible  to  an  elective  office 
unless  a  voter  of  the  city  and  a  resident 
thereof  for  the  year  next  preceding  the 
election. 


27.  Mayor  must  issue  proclamation,  speci- 
fying officers  to  be  elected,  and  time  and 
place  of  election. 

28.  Polls  to  be  opened  between  8  and  10 
A.  M.,  and  to  remain  open  until  4  P.  M. 
Judges  to  make  return  to  Council.  Duties  of 
Council. 


Sec.  23.  The   election    of   the   officers  of  the  city  shall  be 


♦Amendment  to  Charter  approved  January  22d,  1853. 
tAnd  probably  of  the  Police  Judge's  Court. 


I 


CITY   CHARTER.  3  I 

conducted  in  a  manner  as  similar  to  that  in  which  the  elec- 
tions are  conducted  in  the  townships  as  the  nature  of  the 
case  permits. 

Sec.  24.  Every  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  who  shall  have  been  a  resident"  of 
the  city  six  months,  and  of  the  ward  in  which  he  offers  to 
vote,  ten  days  next  preceding  a  city  election,  is  declared  a 
citizen  of  the  said  city,  and  is  entitled  to  vote  at  all  elec- 
tions thereof 

Sec.  25.  A  person  offering  to  vote  may  be  challenged  as  in 
the  elections  in  the  townships,  and  an  oath  may  be  adminis- 
tered to  him  under  like  circumstances,  naming  the  qualifica- 
tions herein  prescribed. 

Sec.  26.  No  person  shall  be  eligible  to  any  elective  office 
mentioned  in  this  act,  unless  he  be  a  voter  of  the  city,  and 
have  been  a  resident  thereof  one  year  next  preceding  his 
election. 

Sec.  27.  For  all  elections  for  city  officers  the  Mayor  is 
directed  to  issue  a  proclamation  to  the  voters  of  the  city,  or 
of  the  several  wards,  as  the  case  may  be,  naming  the  time 
and  place,  or  places,  of  the  election,  and  the  officers  to  be 
chosen,  and  cause  a  copy  to  be  posted  up  in  each  ward  at 
least  ten  days  before  the  election,  or  instead  thereof,  he  may 
cause  a  copy  to  be  published  in  a  newspaper  printed  in  the 
city,  the  same  length  of  time. 

Sec.  28.  The  polls  shall  be  opened  between  the  hours  of  eight 
and  ten  o'clock  in  the  forenoon,  and  continue  open  until  four 
o'clock  in  the  afternoon  ;  within  two  days  after  the  election, 
the  judges  of  the  election  shall  make  their  returns  to  the 
City  Council,  who  shall  examine  them,  and  cause  an  abstract 
of  the.  votes  to  be  recorded  in  a  book  to  be  kept  for  that 
purpose. 


ARTICLE  VIII. 

OFFICERS  OF  THE  CITY  TO  TAKE  OFFICIAL  OATH  AND  GIVE  BOND. 


29.  Requisites  of  oath  officers  are  required 
to  take. 

30.  Council  may  require  bond. 

31.  Officers  may  by  ordinance  be  required 


to  perform  duties  additional  to  those  pre- 
scribed in  Charter.  Ordinances  may  fix 
compensation  and  provide  penalties. 


Sec.  29.  The  Mayor,  Aldermen,  Marshal,  Treasurer,  Re- 
corder, Wharf  Master  and  Assessor,  shall  take  an  oath  to 
support  the  constitution  of  the  United  States  and  of  the  State 


32 


CITY   CHARTER. 


of  Iowa,  and  faithfully  and  inripartially  to  perform  their  duty 
to  the  best  of  their  knowledge  and  ability;  the  oath  of  office 
may  be  administered  by  the  Mayor  or  Recorder,  when  he  is 
qualified  ;  and  in  the  transaction  of  the  business  of  the  cor- 
poration, those  officers  and  the  president  for  the  time  being, 
may  administer  oaths,  which  shall  be  of  the  same  effect  as  if 
administered  by  other  officers  authorized  thereto. 

Sec.  30.  Such  of  the  officers  as  the  Council  determines 
shall  give  bond  in  such  penal  sum,  and  with  such  condition, 
as  may  be  prescribed,  and  to  be  approved  as  required. 

Sec.  31.  The  duties  of  all  the  officers,  (in  addition  to  the 
duties  herein  prescribed,)  shall  be  such  as  are  provided  by  or- 
dinances, and  they  will  be  entitled  to  such  compensation  for 
their  services,  and  subject  to  such  penalties  and  forfeitures  for 
violation  of  duty,  (except  as  herein  provided,)  as  the  ordi- 
nances may  prescribe. 


ARTICLE  IX. 


ASSESSMENT,  LEVY  AND  COLLECTION  OF  TAXES. 


32.  Council  authorized  to  levy  taxes  on  all 
property  in  the  city  subject  to  taxation. 
May  tax  dogs  or  prohibit  their  being  kept 
in  the  city. 

33.  Latest  county  assessment  to  form  the 
basis  of  city  assessment;  but  City  Assessor 
may  add  thereto  any  property  omitted. 

34.  The  Collector  to  give  thirty  days  no- 
tice of  the  assessment  and  levy  of  the  tax, 
and  the  rate  thereof. 

35.  Assessment  may,  on  application  to  the 
Council,  within  thirty  days,  be  corrected,  if 
erroneous. 


36.  Mayor  to  affix  his  warrant  to  tax  list, 
but  warrant  and  list  a  justification  to  Col- 
lector. 

37.  Collector  may  distrain  personal  pro- 
perty liable  to  taxation,  if  taxes  are  not 
paid  within  a  reasonable  time  after  demand. 

38.  Taxes  on  real  property  to  be  a  lien 
thereon,  and  it  may  be  sold  therefor. 

39.  Sales  must  be  made  at  public  auction, 
and  on  thirty  days'  notice. 

40.  Collector  to  execute  deed  to  purchas- 
er, if  property  is  not  redeemed. 


Sec.  32.  The  Council  shall  appoint*  an  Assessor  for  the 
city  who  shall  be  sworn  to  perform  the  duties  of  his  office 
faithfully  and  impartially,  and  whose  duty  it  shall  be  to  make 
an  assessment  of  all  the  property  within  the  city  which  is 
subject  to  taxation,  including  improvements  on  real  property, 
and  upon  whose  assessment  the  Council  is  authorized  to  levy 
and  collect  annually  taxes  not  exceeding  one  per  cent,  on  the 
value  of  all  such  property.^  The  Council  may  also  levy  a  tax 
on  dogs,  or  prohibit  their  being  kept  in  the  city. 

♦Amendment  to  Charter  approved  January  22d,  18.53. 

tAmendment  to  Charter  approved  January  22d,  1853.  But  Section  15.  of  Chapter  116,  of 
Acts  of  1876,  post,  authorizes  cities  acting  under  special  Charters,  and  having  a  population 
of  not  more  than  fifteen  thousand  inhabitants,  as  shown  by  the  last  State  census,  to  levy  an 
annual  tax  not  exceeding  three  per  cent,  for  the  payment  of  its  annual  expenses  and  bonded 
indebtedness. 


I 


CITY    CHARTER.  33 

Sec.  33-.  The  latest  county  assessment  roll  shall  form  the 
basis  of  the  assessment,  but  the  City  Assessor  may  add 
thereto  any  property  omitted,  assessing  the  same  himself. 

Sec.  34.  The  collector  shall,  before  proceeding  to  collect- 
the  taxes,  give  thirty  days'  notice  of  the  assessment  and  levy 
of  the  tax,  and  the  rate  thereof,  in  general  terms,  without 
names  or  the  description  of  property,  in  a  newspaper  printed 
in  the  city,  if  there  be  one,  and  if  none,  then  by  two  written 
notices  posted  in  public  places  in  each  ward.* 

Sec.  35.  During  the  thirty  days,  any  person  aggrieved  by 
his  assessment  or  taxation,  may  appear  before  the  Council, 
which  may  correct  the  same,  if  found  erroneous. 

Sec.  36.  The  Mayor  shall  affix  his  warrant  to  the  tax-list, 
in  general  terms,  requiring  the  collector  to  collect  the  taxes 
therein  according  to  law,  and  such  warrant  and  list  shall  be  a 
a  justification  to  the  collector. 

Sec.  37.  When  any  person's  tax  is  not  paid  within  a  reas- 
onable time  after  demand,  the  collector  may  distrain  upon 
personal  property  liable  to  taxation,  and  sell  the  same,  as  the 
county  collector  may  sell  in  like  cases. 

Sec.  38.  Taxes  on  real  property  shall  be  alien  thereon,  and 
it  may  be  sold  therefor,  (if  no  personal  property  be  found,) 
when  the  taxes  remain  unpaid  for  four  months  after  the  pub- 
lication of  the  notice  of  the  tax  ;  but  demand  of  the  tax 
must  be  made  a  reasonable  time  before  sale,  if  the  supposed 
[owner]  be  found  in  the  city. 

Sec.  39.  Such  sales  must  be  at  public  auction,  and  there 
must  be  thirty  days  notice  prior  thereto,  given  as  above  pro- 
vided for  notifying  the  assessment  and  tax  ;  and  in  such  sale, 
he  who  bids  to  pay  the  amount  due  for  the  least  quantity  of 
the  land,  will  be  the  highest  bidder;  and  the  manner  of  ascer- 
taining the  portion  purchased,  shall  be  as  directed  in  the  State 
revenue  law  now  or  hereafter  existing. 

Sec.  40.  The  Collector  shall  execute  and  deliver  to  the 
purchaser  a  deed  running  in  the  name  of  the  State,  which 
shall  have  the  same  force  and  effect  as  the  deed  of  the  Treas- 
urer of  the  county  on  sales  for  county  and  State  taxes  under 

« . _^ 

*By  the  original  Charter  the  Marshal  was  made  the  Collector  of  taxes,  but  by  votes  of 
the  people  (1859  and  1862'  the  Charter  was  amended  in  this  particular,  and  in  the  last-named 
year  the  office  of  City  Collector  was  created.  Section  3.  of  Chapter  111  of  the  Acts  of  1868, 
authorized  cities,  acting  under  special  Charters,  to  have  their  taxes  collected  by  the 
County  Treasurer.  The  City  of  Muscatine  availed  itself  of  this  provision,  and  since  1868,  its 
taxes  have  been  collected  by  the  Treasurer  of  the  county. 


34 


CITY   CHARTER. 


the  law  existing  at  the  time.  The  land  may  be  ^redeemed 
within  one  year  from  the  day  of  the  sale,  by  the  payment  of 
the  purchase  money  and  ten  per  cent,  thereon,  with  any  other 
taxes  paid  by  the  purchaser,  which  payment  may  be  made  to 
the  purchaser,  his  agent,  or  the  Treasurer  of  the  city.^' 


ARTICLE  X. 


STREETS  AND  ALLEYS. 


41.  Owners  of  property  injured  by  altera- 
tion in  the  width,  course  or  grade  of  any 
street  or  alley,  may  have  his  damages  as- 
sessed by  Board  of  Commissioners,  when 
application  for  damages  is  made  to  them. 

42.  Board  of  Commissioners  to  be  ap- 
pointed by  County  Judges,  and  to  consist  of 
three  disinterested  resident  property  hold- 
ers of  said  city. 

43  City  Council  may  apply  to  Board  cf 
Commissioners  to  have  damages  assessed 
when  owner  of  property  fails  to  apply. 


44.  Taxes  collected  for  improvement  of 
streets  and  alleys,  to  be  expended  in  the  dif- 
ferent wards,  in  proportion  to  the  amount 
of  tax  levied  and  collected  in  such  ward  re- 
spectively. 

45.  City  Assessor  to  return  assessment  of 
property  by  wards. 

-16.  Any  taxes  left  after  paying  current  ex- 
penses and  debts,  to  be  expended  on  streets 
and  alleys,  and  divided  pro  rata  in  the  dif- 
ferent wards. 


Sec.  41.  That  if  any  property  holder  shall  be  injured  by 
any  alteration  made  by  Council  in  width,  course  or  grade  of 
any  street  or  alley,  such  person  may  make  application  to  the 
Board  of  Commissioners  for  the  assessment  of  damages  (to  be 
appointed  as  hereinafter  provided)  who,  upon  such  applica- 
tion shall  give  ten  days  notice  in  the  newspapers  published  in 
said  city,  in  case  the  claimant  be  a  resident  of  said  city,  or 
twenty  days  in  case  the  claimant  be  a  non-resident,  stating 
the  time  and  place  of  meeting  and  the  object  of  the  same,  and 
at  the  same  time  specified  in  said  notice,  said  Commissioners 
shall  proceed  to  view  and  assess  the  damages  done  by  reason 
of  such  alteration  and  improvement,  and  shall,  within  five 
days  thereafter  make  an  award  and  return  the  same  to  the 
County  Judge  of  Muscatine  county,  who  shall  enter  judg- 
ment thereon,  (if  approved,)  and  said  judgment  shall  be  final. 

Sec.  42.  That  the  said  City  Council,  or  persons  interested, 
may,  whenever  they  may  deem  it  necessary,  make  application 
to  the  county  judge  of  said  county,  who  shall  appoint  three 
disinterested  property  holders,  resident  in  said  city,  who  are 

. » . 

♦Various  acts  of  the  Legislature  have  made  some  important  changes  in  the  mode  by 
which  the  collection  of  municipal  taxes  can  be  enforced,  the  penalty  annexed  to  delinquent 
taxes,  the  time  in  which  redemption  may  be  made,  and  the  eftect,  of  the  Collector's  deed. 
Chapter  116,  of  the  Acts  of  1876,  post  authorize  the  City  Council  of  any  city  acting  under  a 
special  Charter,  by  ordinances,  to  make  full  provision  for  the  collection  of  taxes,  special  as 
well  as  general,  by  sale  of  property,  imposition  of  penalties,  etc. 


I 


CITY   CHARTER.  35 

hereby  constituted  a  Board  of  Commissioners  for  the  assess- 
ment of  damages,  which  Board,  or  any  member  thereof  may, 
for  good  cause  shown,  be  removed,  and  the  vacancy  occasion- 
ed thereby  filled  by  said  County  Judge.* 

Sec.  43.  That  in  any  case,  where  by  reason  of  such  altera- 
tion, any  claim  for  damages  may  arise,  and  the thereof 

shall  neglect  to  apply  to  said  Commissioners,  the  City  Coun- 
cil may  make  such  application  and  the  proceedings  thereon 
shall  in  all  respects  be  the  same  as  specified  in  the  second  sec- 
tion of  this  act.t 

Sec.  44.  That  all  taxes  hereafter  levied  and  collected  in  the 
City  of  Muscatine  for  the  purpose  of  improving  the  streets 
and  alleys  thereof,  shall  be  expended  in  the  different  wards  in 
proportion  to  the  amount  of  tax  levied  and  collected  in  such 
wards  respectively. 

Sec.  45.  For  the  purpose  of  putting  the  above  provision 
into  execution,  it  shall  be  the  duty  of  the  City  Assessor  to  re- 
turn to  the  City  Council,  at  the  same  time  that  he  returns  his 
assessment  of  property  in  said  city,  the  total  amount  of  the 
taxable  property  in  each  ward  separately,  which  shall  form 
the  basis  for  making  the  apportionment  of  moneys  to  be  ex- 
pended in  the  respective  wards. 

Sec.  46.  After  paying  all  the  current  expenses  and  debts 
of  said  city  due  for  the  fiscal  year,  the  excess  of  taxes  col- 
lected in  said  city  to  be  expended  by  the  city  authorities 
upon  the  streets  and  alleys,  shall  be  divided  and  applied  pro 
rata  in  the  different  wards  thereof.^ 


ARTICLE  XL 


47.  Can  impose  hcenso  on  auctioneers. 

48.  May  require  auctioneer  to  give  bond 
conditioned  that  lie  will  render  a  true  ac- 
count ol  all  sales  made  by  him,  and  prompt- 
ly pay  to  the  city  all  taxes   due  the  city  on 


AUCTIONEERS. § 

such  sales.  If  city  taxes  for  curi'ent  year 
have  been  paid,  no  additional  tax  required. 
49.  Judicial  sales,  and  sales  made  by  legal 
representatives  of  deceased  persons,  not  sub- 
ject to  auctioneer's  tax. 


Sec.  47.  The  Council  shall  be  authorized  to  impose  license 
upon  all  persons  exercising  the  business  or  calling  of  an  auc- 

*The  office  of  County  Judjie  was  abolished  in  18(i8.  Section  13  of  Chapter  86,  Acts  of 
1868.  after  enumerating  certain  things  in  respect  to  which  the  Circuit  Court  shall  have  origi- 
nal and  exclusive  jurisdiction,  adds  "of  all  other  actions  and  proceedings  of  which  the 
C^ounty  Judge  or  County  Court  now  has  jurisdiction."  Section  9  of  Chapter  116,  Laws  of 
1866.  post,  gives  to  the  City  Council  the  power  to  appoint  these  Commissioners. 

tSections  40,  41  and  42  are  taken  from  amendment  to  Charter,  approved  January  24th,  1855. 

^Sections  43,  44  and  45,  amendment  to  Charter,  approved  January  26th,  1857. 

gAmendmcnt  to  Charter  approved  January  26th,  1857.  See  further— Chapter  97  of  Laws 
of  1862,  post ;  also  Section  14,  of  Chapter  116  of  Laws  of  1876,  post. 


36 


CITY   CHARTER. 


tioneer  within  the  said  city,  in  such  sum  as  the  said  Council 
may  determine,  and  upon  such  conditions  as  the  said  Coun- 
cil may  see  proper  to  affix. 

Sec.  48.  That  said  City  Council  shall  have  power  to  tax  and 
regulate  auctioneers  in  their  calling,  and  to  require  each  and 
every  person  so  exercising  the  business  of  an  auctioneer,  as 
aforesaid,  to  execute  to  the  said  city  a  bond  with  security,  to 
be  approved  by  the  said  City  Council,  conditioned  that  he 
will  render  a  true  account  of  all  sales  made  by  him,  and 
promptly  pay  over  to  the  said  city  all  taxes  which  may  be- 
come due  to  the  said  city  from  the  sales  so  made  by  him  as 
auctioneer.  Provided,  That  nothing  in  this  act  shall  be  con- 
strued so  as  to  charge  any  property  in  the  city,  upon  which 
the  city  taxes  for  the  current  year  have  been  paid,  with  any 
additional  tax. 

Sec.  49.  That  said  City  Council  shall  have  full  power  and 
authority  to  pass  all  ordinances  that  may  be  necessary  to  give 
force  and  effect  to  this  act,  judicial  sales  made  b)'  a  legal  offi- 
cer, and  sales  of  the  property  of  a  deceased  person,  by  his 
legal  representative  being  exempted  from  its  operation. 


ARTICLE  XII. 


AMENDMENT  TO   CITY  CHARTER   ENLARGING  CITY  BOUNDARIES,  ETC.,  AP- 
PROVED JULY  14,  1856.* 


50.  City  may  form  two  road  districts,  when 
Council  so  determine.  Road  tax  payable  as 
Council  may  direct. 

51.  Council  authorized  to  extend  streets 
ahd  alleys  through  the  territory  annexed. 
Full  compensation  to  be  made  to  the  own- 
ers of  property  taken  in  making  such  ex- 
tension. 

52.  Council  may  make  changes  in  the 
shape  and  width  of  any  streets  or  alleys  in 
old  or  new  city  limits.  May  shut  up  old 
and  make  new  streets  and  alleys.  Compen- 
sation to  be  made  for  property  taken,   or 


damages  sustained  on  account  of  change. 

5:^.  Lands  not  laid  out  in  lots  or  out  lots  to 
be  taxed  by  the  acre,  according  to  its  value 
for  agricultural,  horticultural,  mining  or 
other  purposes.  Improvements  to  be  taxed 
at  their  full  value. 

54.  Full  power  to  establish  grades  for 
streets  and  alleys  in  new  limits.  May  make 
such  grades  conform  to  grades  ol  old  streets 
or  not.  City  not  liable  for  damages  to  build- 
ings done  by  grading  in  new  limits,  unless 
such  building  was  erected  before  grade  was 
established. 


Sec.  50.  That  said  City  of  Muscatine,  as  above  bounded, 
may  hereafter  form  two  road  districts,  the  boundaries  of  which 
shall  be  determined  by  the  City  Council,  and  until  so  deter- 
mined it  shall  constitute  one  road  district,  and  the  road  taxes 
assessed  by  the  county  authorities  upon  the  persons  and 
property  in  said  city,  shall  hereafter  only  be  payable  to  such 

*The  first  section  of  this  Act  enlarging  the  city  limits  simply  describes  the  boundaries 
of  the  city.    This  has  been  given  in  Section  4,  anie,^  and  hence  is  not  repeated. 


I 


CITY   CHARTER.  3/ 

persons  as  the  City  Council  may  authorize  to  receive  the 
same.  And  the  County  Collector  is  hereby  prohibited  from 
paying  said  road  taxes  to  any  other  person  or  officer  than  such 
as  shall  be  authorized  to  receive  and  receipt  for  the  same  by 
the  City  Council.  ^ 

Sec.  51.  That  it  shall  be  competent  for  the  Council  of  said 
city  to  take  any  steps  which  they  may  deem  necessary  to  se- 
cure the  extension  of  the  present  streets  and  alleys  of  the  old 
city  limits  through  the  grounds  which  by  this  act  are  added 
thereto.  Provided,  That  in  no  case  shall  such  extension  be 
made  and  dedicated  to  the  use  of  the  public  without  the  city 
being  liable  for  full  compensation  to  the  owners  of  all  such 
property  as  may  be  thus  taken  and  dedicated. 

Sec.  52.  That  it  shall  and  may  be  lawful  for  the  City  Coun- 
cil of  said  city  to  make  any  changes  in  the  shape  and  width 
of  any  streets  or  alleys  of  said  city,  either  in  the  old  or  new 
limits  ;  to  shut  up  old  and  make  new  streets  and  alleys. 
Provided,  That  in  all  and  every  such  case  the  said  city  shall  be 
liable  to  make  full  compensation  at  the  fair  cash  value  to  the 
owners  of  all  property  which  shall  be  thus  taken  for  public 
use,  and  for  all  damages  which  the  owners  may  sustain  by  any 
change  which  said  City  Council  may  at  any  time  see  proper 
to  make. 

Sec.  53.  That  all  lands  lying  within  the  territory  hereby 
brought  into  the  city,  and  not  laid  out  in  lots  or  out  lots,  shall 
not  be  assessed  or  taxed  otherwise  than  by  the  acre,  accord- 
ing to  its  value  for  agricultural,  horticultural,  mining  or  other 
purposes  ;  but  improvements  thereon  may  be  taxed  their 
full  value. 

Sec.  54.  The  City  Council  shall  have  full  power  to  estab- 
lish grades  for  contemplated  streets  and  alleys  in  the  new 
limits,  and  make  such  grades  conform  to  the  grades  of  the 
old  limits  of  said  city,  or  not,  as  they  may  deem  advisable, 
and  said  city  shall  not  be  liable  for  any  damage  done  to  build- 
ings by  grading  in  the  new  limits,  unless  said  buildings  shall 
have  been  erected  before  the  establishment  of  the  grades  in 
this  section  contemplated. 


38  CITY    CHARTER. 

ARTICLE  XIII. 

MISCELLANEOUS. 

.55.  Charter  to  be  submitted  to  the  vote  of  57.  Act  is  a  public  act. 

citizens  for  acceptance  or  rejection,  58.  Repealing  all  previous  acts   of  incor- 

.56.  Authorities  of  the  town  of  Muscatine  poration  and  amendments  thereto. 
to  continue  until  city  officers  are  elected. 

Sec.  55.  On  the  passage  of  this  act,  the  President  and 
Trustees  of  the  town  of  Muscatine,  are  required  to  cause  a 
vote  to  be  taken  on  the  acceptance  of  this  Charter,  in  the 
manner  in  which  the  elections  of  the  town  are  now  called  and 
holden,  in  which  the  vote  shall  be  "  for  the  charter,"  or  ''against 
the  charter,"  and  shall  be  taken  by  ballot  ;  and  if  the  vote  be 
in  favor  of  its  acceptance,  such  result  shall  be  declared  and  be 
entered  on  the  record  of  the  present  town,  and  thenceforth 
the  same  is  accepted. 

Sec.  56.  The  existing  authorities  of  the  tov/n  of  Musca- 
tine will  continue  until  an  election  is  holden  for  the  choice  of 
city  officers,  and  the  organization  of  the  city,  and  the  town 
authorities  shall  cause  an  election  to  be  holden  on  the  first 
Monday  of  March,  1851,  for  the  election  of  city  officers  ;  but 
if  this  act  does  not  take  effect  a  day  sufficiently  early 
for  the  above  proceedings  to  take  place  as  early  as  the  day 
above-named,  then  the  question  above-provided  for  may  be 
taken  after  the  said  first  Monday  of  March,  but  the  officers  then 
chosen,  will  hold  as  if  elected  on  the  above-named  day,  and 
the  succeeding  annual  elections  shall  be  holden  as  in  this  act 
before  provided. 

Sec.  57.  This  act  shall  be  taken  and  may  be  pleaded  as  a 
public  act. 

Sec.  58.  An  act  entitled  "  an  act  to  incorporate  the  town 
of  Bloomington,"  approved  January  23d,  1839;  ^i"*  ^^^  en- 
titled "an  act  to  amend  an  act  entitled  an  act  for  the  incor- 
poration of  the  town  of  Bloomington,"  approved  February 
i8th,  1842,  and  an  act  entitled  "an  act  to  amend  an  act  en- 
titled [an  act]  to  incorporate  the  town  of  Bloomington,  ap- 
proved January  2d,  1836,"  approved  January  14th,  1846  ;  and 
an  act  entitled  "an  act  to  amend  an  act  entitled  an  act  for  the 
incorporation  of  the  town  of  Bloomington,  approved  January 
23d,  1839,"  approved  January  12th,  1849,  ^^^  hereby  repealed  ; 
but  the  rights  and  privileges,  duties,  liabilities  and  obligations 
of  individuals  created  or  arising  under  the  acts  so  repealed, 
are  not  to  be  effected  by  this  repeal. 


ORDINANCES. 


CHAPTER  I. 

ACCOUNTS. 

An  Ordinance  in  relation  to  accounts,  books  and  finances. 


I 


1.  Demands  against  the  city.    How  pre- 
sented. 

2.  Council  to  audit  sucli  claims.  Keferred, 
when. 

3.  Warrant  issued  when  claim  allowed. 

4.  Claims  and  receipts  to  be  filed. 

5.  Accounts   shall  be  drawn  by  the  Re- 
corder. 

6.  Recorder  shall  be  the  city  accountant. 

7.  Books  shall  be  kept.    How. 

8.  Appropriations.  Account  of,  how  kept. 

9.  Accounts  how  kept. 

10.  Same. 

11.  City  finances. 

12.  Bills  receivable. 

13.  Statement  of  city  finances  to  be  made 
by  Recorder. 

14.  City  taxes  to  be  collected  by  County 
Collector. 


15.  Account  of  taxes. 

16.  Pay  over  monies  to  Treasurer  once  a 
month. 

17.  Shall  make  report  monthly. 

18.  Money.   By  whom  kept  and  disbursed. 

19.  Shall  give  receipts. 

20.  Books  and  accounts. 

21.  Separate  account. 

22.  Register  of  warrants. 

23.  Marshal.     Shall  pay  over  monies. 

24.  Shall  keep  suitable  books. 

25.  Warrants.    How  issued. 

26.  Recorder  shall  attest. 

27.  Shall  provide  printed  warrants. 

28.  Shall  keep  a  register. 

29.  Wharf.  Wharf  Master  to  collect  mon- 
ies, etc. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section,  i.  That  all  demands  against  the  city  shall  be  pre- 
sented to  the  Council,  through  some  member  thereof,  in 
proper  form  and  in  writing. 

Sec.  2.  The  Council  shall,  at  its  stated  sessions,  or  by  a 
vote  of  the  Council  at  any  other  session,  audit  and  adjust 
all  claims  against  the  city  so  presented,  and  may  examine 
witnesses  under  oath  or  affirmation,  or  demand  and  examine 
any  books  or  papers  relating  to  the  same.  Provided,  That 
at  their  discretion  any  account  or  claim  may  be  referred 
to  a  special  committee,  to  report  at  the  next  stated  or  special 
session. 


40  ORDINANCES. 

Sec.  3.  When  any  account  or  claim  is  so  audited  or  adjust- 
ed, if  a  balance  be  due  the  person  or  persons  presenting  the 
same,  the  Council  shall  order  the  Recorder  to  issue  a  war- 
rant to  said  person  or  persons  on  the  Treasury  for  the  amount, 
the  account  being  receipted,  and  the  check  duly  filled  up 
and  signed. 

Sec.  4.  The  Recorder  shall  file  and  preserve  all  claims  and 
accounts  thus  adjusted,  and  all  receipts. 

Sec.  5.  All  accounts  and  claims  of  the  city  against  indi- 
viduals, companies,  etc.,  shall,  by  order  of  the  Council,  be 
made  out  or  drawn  up  by  the  Recorder,  and  placed  in  the 
hands  of  the  Marshal,  unless  otherwise  ordered,  who  shall 
proceed  to  adjust  and  collect  the  same,  as  directed  by  the 
Council. 

Sec.  6.  The  Recorder  shall  be  the  city  accountant,  and 
shall  keep  all  books  relating  to  the  finances  provided  for  by 
this,  or  any  other  ordinance,  unless  otherwise  ordered  by 
the  Council. 

Sec.  7.  He  shall  keep  a  general  ledger  in  which  the  ac- 
counts of  the  city  shall  be  kept.  The  city  shall  be  repre- 
sented in  said  book  by  the  term  "  revenue,"  and  all  monies 
coming  into  the  treasury  shall  be  carried  to  the  revenue, 
specifying  the  source  from  which  the  same  is  derived,  and  the 
revenue  shall  be  charged  with  all  appropriations,  specifying 
on  what  account  the  appropriation  is  made. 

Sec.  8.  When  any  appropriation  is  made  for  a  specific  pur- 
pose, to  be  drawn  from  the  treasury,  as  may  be  required  for 
said  purpose,  he  shall  open  an  account  with  such  appropria- 
tion,  to  be  represented   as  "appropriation  for "  (as  the 

case  may  be),  and  shall  credit  the  account  by  the  amount  of 
appropriations  thereto,  and  debit  the  same  by  the  amount 
of  warrants  drawn  thereon.  But  if  said  appropriation  is 
placed  in  the  control  of  a  committee,  then  he  shall  open  his 
account  with  said  committee,  charging  it  with  the  amount  ap- 
propriated, and  crediting  it  by  all  sums  which  the  Council 
shall  decide  to  have  been  lawfully  expended  thereof 

Sec.  9.  He  shall  keep  the  account  between  the  city  and  the 
City  Treasurer,  charging  him  with  all  monies  received  into 
the  treasury,  specifying  the  source,  and  credit  him  by  all  war- 
rants, vouchers,  or  other  proofs  of  disbursement,  presented  by 
him  at  the  time  of  making  his  reports,  and  which  the  Coun- 
cil shall  have  decided  as  legal  and  authorized. 

Sec.  10.  He  shall,  in  like  manner,  keep  the  accounts  be- 
tween the  city  and  all  officers,  persons  or  bodies  corporate, 
who  may  have  the  collection,  care  or  disbursement  of  any 
monies  for  the  city,  charging  the  same  with  all  collections  to 


ACCOUNTS.  41 

be  made,  or  blank  licenses  or  certificates  issued,  and  credit- 
ing by  the  Treasurer's  receipts,  proper  vouchers,  or  blanks 
returned. 

Sec.  II.  He  shall  keep  in  a  proper  book  a  detailed  and 
specific  statement  of  the  city  finances — entering  under  sepa-"^ 
rate  heads  the  amount  received  from  each  distinct  source  of 
revenue,  as  for  example,  t?xes,  licenses,  fines,  wharf,  grave 
yard,  etc.— and  shall  include  under  the  general  head  of  "mis- 
cellaneous," all  items  of  incidental  revenue,  specifying  from 
what  the  same  is  derived. 

Sec.  12.  He  shall  keep  an  account  of  all  debts  due  to  or 
from  the  city,  and  a  bill-book,  in  which  he  shall  enter  all 
bonds,  notes,  bills,  or  other  obligations,  payable  or  receivable 
by  the  city,  with  the  name  by  or  to  whom  the  note  and  inter- 
est, and  the  time  or  times  when  interest  and  principal  are 
payable. 

Sec.  13.  The  Recorder  shall  furnish  the  City  Council,  at  all 
times  when  directed,  a  statement  of  the  whole  condition  of 
the  city  finances.  The  Council  may  at  any  time,  by  them- 
selves or  committee,  examine  the  books  of  the  Recorder,  or 
any  other  officer,  or  any  accounts,  vouchers,  records  or  docu- 
ments in  the  keeping  of  any  officer  of  the  city  —and  any  offi- 
cer interested  may  at  any  time  examine,  in  his  presence,  the 
books  and  papers  in  the  Recorder's  office  relating  to  the 
finances. 

THE   CITY   COLLECTOR. 

Sec.  14.  The  City  Collector  shall  receive  all  monies  for  all 
city  taxes,  except  in  cases  where  the  city  may  bring  a  civil  ac- 
tion for  the  collection  of  the  same. 

Sec.  15.  He  shall  keep  a  regular  account  of  all  taxes  paid 
to  him  in  a  book  kept  for  that  purpose,  and  enter  the  same  up 
to  the  particular  fund  on  account  of  which  such  taxes  have 
been  paid. 

Sec.  16.  He  shall  pay  over  to  the  City  Treasurer,  at  least 
once  in  every  month,  all  the  monies  received  by  him  for  city 
taxes,  and  take  therefor  the  Treasurer's  receipt  in  a  book 
kept  for  that  purpose,  which  receipt  shall  show  how  much 
money  the  Treasurer  has  received  on  each  fund. 

Sec.  17.  He  shall  make  full  monthly  reports  to  the  City 
Council. 

THE   TREASURER. 

Sec.  18.  The  City  Treasurer  shall  receive,  keep  and  dis- 
burse all  monies  belonging  to  the  city,  paying  the  same  out 

6 


42  ORDINANCES. 

only  upon  warrants  properly  drawn  and  signed  as  herein 
provided. 

Sec.  19.  He  shall  give  to  every  person  paying  funds  into 
the  treasury,  a  duplicate  receipt  therefor,  specifying  the  date 
of  payment,  upon  what  account  paid,  and  whether  in  money 
or  warrants. 

Sec.  20.  He  shall  keep,  in  a  set  of  books,  a  full  and  accu- 
rate account  of  all  monies  received  and  disbursed  by  him  on 
account  of  the  city,  specifying  the  date  of  receipt  and  dis- 
bursement, of  whom  received  and  to  whom  disbursed,  and  on 
what  account  received  and  disbursed. 

Sec.  21.  He  shall  keep  a  separate  account  of  each  fund  or 
appropriation,  as  directed  by  the  Council. 

Sec.  22.  He  shall  keep  a  register  of  all  warrants  paid  into 
the  treasury,  specifying  the  date,  number,  amount,  to  whom 
issued,  and  on  what  account  ;  and  shall  immediately  cancel 
the  same  upon  the  face  thereof,  stating  the  date,  and  return 
the  warrants  so  cancelled  by  him  as  vouchers  to  the  City 
Council  at  the  time  of  making  his  reports ;  but  he  shall  have 
no  credit  for  any  warrant  not  properly  drawn  and  signed,  as 
provided  in  the  26th  section  of  this  ordinance. 

THE   MARSHAL. 

Sec.  23.  The  Marshal  shall  pay  over  to  the  Treasurer 
promptly  all  monies  received  by  him,  belonging  to  the  city, 
taking  the  receipt  of  the  Treasurer  therefor. 

Sec,  24.  He  shall  keep  in  suitable  books  full  accounts  of  all 
collections  made  by  him,  specifying  by  whom  paid,  and  for 
what  purpose,  and  report  to  the  Council  as  often  as  once 
a  month. 

WARRANTS. 

Sec.  25.  No  warrant  shall  be  issued  except  by  order  of  the 
Council.  Such  order  shall  specify  to  whom  the  warrant  shall 
issue,  in  what  amount  and  against  what  fund. 

Sec.  26.  The  Recorder  shall  fill  up  and  attest  all  warrants 
as  ordered,  and  issue  the  same,  having  first  obtained  the  sig- 
nature of  the  Mayor  thereto,  to  the  proper  person,  taking  his 
receipt  upon  the  check,  and  filling  up  the  same  to  correspond 
with  the  warrant. 

Sec.  27.  The  Recorder  shall  provide  himself,  at  the  ex- 
pense of  the  city,  with  neatly  printed  blank  warrants,  with  a 
check  to  each,  and  shall  have  the  same  bound  in  a  book,  and 
preserve  therein  the  check  for  his  voucher. 

Sec.  28.  The  Recorder  shall  keep  a  register  of  each  war- 
rant issued  by  him,  to  correspond  with  his  check,  and  shall 


ANIMALS. 


43 


note  upon  such  register  the  cancellation  of  all  warrants  and 
orders  redeemed  and  returned  by  the  Treasurer. 

THE   WHARF   FUND. 

Sec.  29.  The  Wharf  Master  shall  collect  in  money  all  suTns"" 
fixed  by  ordinance  as  wharfage,  on  the  various  kind  of  craft, 
which,  by  ordinance,  are  made  liable  for  wharfage.  He  shall 
execute  receipts  for  all  monies  paid  him,  as  wharfage,  and 
after  retaining  therefrom  the  percentage  allowed  him  by  or- 
dinance for  making  the  collection,  he  shall  pay  over  the  resi- 
due to  the  City  Treasurer  on  the  fifteenth  day  of  each  month. 
He  shall  make  regular  monthly  reports  to  the  Council,  such 
reports  coming  up  to  and  including  the  fifteenth  day  of  each 
month,  in  which  he  shall  set  forth  the  name  and  description 
of  each  craft  or  vessel  from  which  he  has  collected  wharfage, 
and  the  amount  so  collected  from  each  of  said  craft,  and  date  of 
the  same.  The  Council  shall  compare  his  report  with  that  of 
the  report  of  the  Register  of  Boats. 


CHAPTER  n. 

ANIMALS.  HORSES,  SWINE  AND  CATTLE. 


An  Ordinance  in  relation  to  animals  running  at  large. 


I 


1.  Horses,  swine  and  cattle,  except  milch 
cows,  not  permitted  to  run  at  large. 

2.  Marshal  to  take  up  and  impound. 

3.  Marshal  to  sell  animals  taken  up  by 
him.  Must  notif}- owner,  if  known  to  him,  and 
a  resident  of  the  city.    Must  advertise  sale. 


4.  Must  release  animals  taken  up  to 
owners,  if  claimed  before  sale,  and  charges 
paid.  If  animals  sold,  excess  of  charges  to 
be  paid  to  Treasurer.     Duty  of  Treasurer. 

.5.  Fees  of  Marshal. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  all  horses,  jacks,  mules,  swine,  and  cattle 
(except  milch  cows)  running  at  large  in  the  City  of  Musca- 
tine, are  hereby  declared  nuisances. 

Sec.  2.  It  shall  be  the  duty  of  the  Marshal  to  take  up  and 
impound  in  some  safe  enclosure,  any  of  the  animals,  above 
specified,  so  found  running  at  large. 

Sec.  3.  When  any  of  the  animals  aforesaid  are  thus  taken 
up  by  the  Marshal,  he  shall  sell  the  same  at  public  auction  to  the 
highest  bidder  for  cash,  after  giving  three  days'  notice  of  time 
and  place.  Such  notice  shall  give  the  number  and  kind  of  ani- 
mals so  taken  up  and  advertised  for  sale,  and  any  brands  thereon 
that  can  be  easily  seen,  and  shall  require  the  owner  to  claim  and 
prove  property  before  the  hour  fixed  for  the  sale.     Such  notice 


44  ORDINANCES. 

shall  be  by  advertisement  in  some  newspaper  printed  in  the  city. 
If  the  Marshal  shall,  at  the  time  of  taking  up  any  of  said  ani- 
mals, know  to  whom  they  belong,  and  such  owner  resides  in 
the  city,  the  Marshal  shall  immediately  notify  such  owner 
that  such  animal  has  been  taken  up  and  impounded,  and  shall 
surrender  the  same  on  payment  of  charges  and  costs. 

Sec.  4.  If  such  animal  or  animals  are  claimed  on  before  the 
hour  fixed  for  sale,  the  Marshal  shall  release  the  same  on  pay- 
ment of  all  costs  and  charges  then  due,  but  if  the  same  are 
not  so  released  they  shall  be  sold  in  accordance  with  said  no- 
tice, and  the  money  arising  from  said  sale,  after  the  expense 
of  taking  up,  keeping,  advertising  and  selling  the  same,  are 
deducted,  shall  be  paid  to  the  City  Treasurer,  to  be  held  by 
him  for  the  use  of  the  owners  of  the  respective  animals,  so 
sold,  and  to  be  paid  over  by  him  upon  satisfactory  proof  of 
such  ownership.  If,  however,  such  claim  is  not  made  within 
six  months  from  the  day  of  sale,  the  money  so  held  by  the 
Treasurer,  shall  be  paid  into  the  city  treasury,  and  become 
the  property  of  the  city. 

Sec.  5.  The  Marshal  shall  be  entitled  to  charge  fifty  cents  for 
each  of  the  above  named  animals  taken  up  and  impounded  by 
him,  and  ten  cents  a  day  for  each  hog  or  pig,  and  twenty-five 
cents  a  day  for  each  horse,  mule,  jack,  or  animal  of  the  cow 
kind,  for  each  day  the  same  shall  remain  in  his  charge.  He 
shall  also  be  entitled  to  charge  ten  cents  for  selling  each  pig 
or  hog  under  the  authority  of  this  ordinance,  and  twenty-five 
cents  each  for  any  of  the  other  animals. 


CHAPTER  III. 

CITY  ASSESSOR. 

An  Ordinance  in  relation  to  the  office  of  City  Assessor. 

1.  City  Assessor  to  be  elected  at  the  regu-  !  4.  Must  return  names  of  all  persons  sub- 
lar  annual  election  of  city  officers.  |  ject  to  poll  tax. 

2.  Must    qualify    before     entering   upon  j  5.  To  deliver  all  papers  to  his  successor  in 
duties  of  his  office.  j  office. 

3.  When  assessment  must  be  returned  to  j  6.  Compensation. 

the  Council.    What  it  shall  exhibit.  I        7.  Vacancy.    How  filled. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine : 

Section,  i.  That  at  the  regular  annual  election  of  city  offi- 
cers, on  the  first  Monday  of  March,  there  shall  be  elected  an 
Assessor  for  city  purposes,  who  shall  hold  his  office  for  the 
term  of  one  year. 


I 


CITY    ASSESSOR.  45 

Sec.  2.  Before  entering  upon  the  duties  of  his  office,  he 
shall  take  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States  and  of  the  State  of  Iowa,  and  to  discharge 
the  duties  of  his  office  faithfully  and  impartially,  and  to  the 
best  of  his  judgment  and  ability.  He  shall  also  execute~Ti~ 
bond  to  the  city,  in  the  penal  sum  of  one  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  which  bond  shall  be  submitted  to  the  Council  for  its 
approval. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Assessor  to  make 
out  and  return  to  the  Council,  an  assessment  of  the  real  and 
personal  property  in  said  city,  subject  to  taxation  for  county 
purposes,  on  or  before  the  15th  day  of  June  in  each  year. 
His  assessment  shall  exhibit  a  list  of  all  such  property,  with 
the  value  thereof,  and  the  names  of  the  persons  or  bodies  as- 
sessed therewith.  He  shall  also  perform  such  other  duties  as 
the  Council  may,  by  order  or  resolution  from  time  to  time  re- 
quire of  him. 

Sec.  4.  It  shall  be  the  duty  of  every  person  in  the  city, 
subject  to  taxation,  to  assist  the  Assessor  in  making  out  a  list 
of  his  property,  or  of  any  property  of  which  he  has  the  cus- 
tody and  control,  which  is  subject  to  city  taxation,  and  if  any 
person  shall  refuse  to  assist  in  such  listing,  or  to  make  the 
oath  required  in  the  next  section,  the  Assessor  shall  assess 
such  persons  according  to  the  best  information  he  can  get. 

Sec.  5.  It  shall  be  the  duty  of  the  Assessor  to  administer 
an  oath  or  affirmation  to  each  person  assessed,  to  the  effect 
that  he  has  given  in  a  full,  true  and  correct  inventory  of  all 
the  taxable  property  owned  by  him,  or  which  is  in  his  cus- 
tody or  under  his  control,  to  the  best  of  his  knowledge  and 
belief,  and  should  it  afterwards  appear  that  any  person  mak- 
ing such  oath  has  not  given  a  full  list  of  his  property  subject 
to  taxation,  or  of  that  which  by  law  it  was  his  duty  to  list, 
any  property  so  omitted,  shall  be  entered  on  the  book  at 
double  its  ordinary  assessible  value. 

Sec.  6.  In  making  out  the  annual  assessment  for  taxation, 
it  shall  be  the  duty  of  the  Assessor  to  return  therewith,  the 
names  of  all  persons  liable  to  do  work  on  the  streets,  desig- 
nating the  same  in  a  proper  column  opposite  such  names  by 
the  word  '*  poll." 

Seq.  7.  It  shall  be  the  duty  of  the  Assessor  to  deliver  over 
to  his  successor  all  property  of  the  city  which  may  come  into 
his  hands  by  virtue  of  his  office. 

Sec.  8.  As  a  compensation  for  his  services  in  making  out 
the  assessment  and  any  other  duties  imposed  upon  him  by  the 
city,  the  Assessor  shall  be  paid  an  annual  salary  of  three 
hundred  and  fifty  dollars. 


46  ORDINANCES. 

Sec.  9.  When  from  any  cause  a  vacancy  arises  in  the  office 
of  City  Assessor,  the  Council  shall  fill  such  vacancy,  and  the 
person  so  selected  shall  hold  until  the  next  annual  election 
for  city  officers. 


CHAPTER  IV. 

CITY  ATTORNEY. 

An  Ordinance  relating  to  the  office  of  City  Attorney,  and 
defining-  his  duties. 

1.  OflBce  of  City  Attorney  created.  1       5.  Is  legal  adviser  of  the  city.     Shall  pre- 

2.  When,    how,    and    for   what    time  ap-  j    pare  drafts  of  ordinances,  contracts,  etc.,  for 
pointed.  the  city. 

3.  Must  take  and  subscribe  oath.  6.  Compensation. 

4.  Must  prosecute  and  defend  suits  for  or 
against  the  city. 

Be  it  07^dai)ied  by  the  City  Council  of  the  City  of  Muscatine  : 

Section,  i.  That  there  be,  and  there  is,  hereby  created  the 
office  of  City  Attorney. 

Sec.  2.  That  at  the  first  regular  session  of  the  City  Coun- 
cil in  the  month  of  June  in  each  year,  there  shall  be  appoint- 
ed by  the  Council  a  City  Attorney,  who  shall  hold  his  office 
for  the  period  of  one  year  and  until  his  successor  is  appointed 
and  qualified,  unless  sooner  removed  by  the  Council  ;  and  in 
case  of  vacancy  in  such  office  by  death  or  any  other  cause, 
the  Council  shall  fill  the  vacancy. 

Sec.  3.  The  City  Attorney  shall  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  an  oath  before 
the  Mayor  of  the  city,  faithfully  and  impartially  to  discharge  the 
duties  of  said  office. 

Sec.  4.  The  City  Attorney  when  requested  so  to  do  by  the 
City  Council  or  the  Mayor  of  the  city,  shall  appear  for 
the  city  and  prosecute  and  defend  all  suits  and  proceedings, 
civil  and  criminal,  in  which  the  city  may  be  a  party  or  be  in- 
terested. He  shall  prosecute  and  defend  for  the  city  all 
causes  which  may  be  appealed  or  taken  by  writ  of  error  to  the 
District  or  Supreme  Courts  of  the  State,  in  which  the  city 
may  be  a  party  or  be  interested. 

•  Sec.  5.  The  City  Attorney  shall  be  the  legal  adviser  of  the 
city,  and  shall  when  required  by  the  City  Council,  give  his 
opinion  in  writing  upon  all  questions  of  law,  arising  under  the 
Charter  or  ordinances  of  the  city.  He  shall  also  prepare 
proper  drafts  for  contracts,  forms,  ordinances  and  other  writ- 
ir 


CITY   ENGINEER. 


47 


ing  which  may  be  required  for  the  use  of  the  city,  and  perform 
such  other  duties  as  appertain  to  the  office  of  City  Attorney. 

Sec.  6.  The  City  Attorney  shall  receive  as  compensation 
for  his  services,  the  sum  of  three  hundred  dollars  per  an- 
num payable  in  equal  quarterly  installments  out  of  the  city 
treasury. 


CHAPTER  V. 


CITY  ENGINEER. 


An  Ordinance  creating  the  office  of  City  Engineer  and  de- 
fining his  duties. 


1.  Office  of  City  Engineer  created. 

2.  When,  how  and  for  what  term  elected. 

3.  Must  take  official  oath. 

4.  Must  preserve  maps,  plats,  surveys  and 
other  papers,  appertaining  to  his  office. 

5.  When  required  by  Council,  must  fur- 
nish estimates,  plans,  specificati(.ns,  etc. 

6.  Must  furnish  grade  of  street,  give  cor- 
ners of  lots,  etc..  when  applied  to  by  any  lot 
owner. 


7.  Duties  with  regard  to  instruments, 
books,  maps,  etc.,  belonging  to  the  city. 

8.  Charges  for  doing  work  lor  citizens. 

9.  Shall  appoint  his  own  rodman.  Coun- 
cil to  lix  his  own  and  rodman's  compensa- 
tion. 

10.  City  not  responsible  for  anything  done 
by  the  City  Engineer  in  the  employment  of 
a  private  citizen. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  there  is  hereby  created  the  office  of  City 
Engineer. 

Sec.  2.  The  City  Engineer  shall  be  elected  by  the  City 
Council  and  hold  his  office  for  one  year  and  until  his  succes- 
sor is  elected  and  qualified,  unless  sooner  removed  by  the 
Council.  The  year  to  commence  the  first  Monday  of  April 
annually,  and  if  the  office  of  City  Engineer  becomes  vacant 
by  removal,  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  City  Council  to  fill  the  vacancy  by  appointment. 

Sec.  3.  He  shall  before  entering  upon  the  duties  of  his 
office,  take  an  oath  or  affirmation  that  he  will  faithfully  and 
impartially  perform  the  duties  of  City  Engineer  according  to 
law,  and  that  he  will  promote  the  true  interests  of  the  city 
generally. 

Sec.  4.  He  shall  preserve  in  his  office  all  maps,  plats,  and 
surveys  of  the  city,  with  all  records,  books,  papers  and  other 
things  relating  to  his  office. 

Sec.  5.  He  shall  when  required  by  the  Council,  make  all 
surveys,  together  with  all  estimates,  plans,  specifications,  etc., 


48  ORDINANCES. 

necessary  to  enable  the  Council  to  ascertain  what  work  will 
cost  when  completed,  and  to  perform  such  other  duties  con- 
nected with  his  ofifice  as  the  Council  may  require. 

Sec.  6.  He  shall,  when  applied  to  by  any  lot  owner  or  other 
person,  for  the  purpose  of  grading  or  building,  give  such  ap- 
plicant the  grade  of  the  street,  by  his  paying  him  the  sum  of 
one  dollar  and  fifty  cents  for  such  service.  He  shall  when 
applied  to  by  any  lot  owner,  give  the  corners,  metes  and 
bounds,  and  bearings  of  their  lots  as  ascertained  by  actual 
survey,  commencing  at  some  known  corner  or  monument  of 
the  original  plat  of  the  city;  and  for  such  services,  the  appli- 
cant shall  pay  the  City  Engineer  two  dollars. 

Sec.  7.  He  shall  have  charge  of  all  instruments,  books, 
maps,  plats,  etc.,  etc.,  belonging  to  the  city  and  pertaining  to 
his  office, -and  shall  receipt  to  the  Mayor  for  the  same,  and  at 
the  close  of  his  term  of  office,  shall  deliver  them  to  the  Mayor 
with  the  addition  of  maps,  plats,  field  notes,  bench  marks,  etc., 
made  by  him  during  his  continuance  in   ofifice. 

Sec.  8.  He  may  do  other  work  in  his  line  for  citizens  within 
the  limits  of  the  city,  not  contemplated  by  this  ordinance, 
and  in  the  absence  of  a  contract  as  to  the  price,  shall  not  be 
allowed  to  charge  more  than  five  dollars  per  day. 

Sec.  9.  He  shall  appoint  his  own  rodman,  and  for  his  own 
services  and  those  of  his  rodman,  he  shall  receive  such  com- 
pensation as  the  Council  shall  see  proper  to  allow. 

Sec.  10.  In  no  case  shall  the  city  be  bound  by,  or  respon- 
sible for,  any  act  done  or  for  any  work  performed  by  the  City 
Engineer,  at  the  instance  or  under  the  employment  of  a 
private  individual. 


CHAPTER  VI. 

CEMETERY  AND  SEXTON. 

An  Ordinance  relating  to  the  Cemetery  and  Sexton. 


1.  Sexton  to  be  appointed  by  the  Council 
for  one  year. 

2.  Sexton  to  dig  grave  when  required; 
depth  of  grave;  his  duty  when  graves 
settle. 

.3.  Charges  for  digging  grave. 

4.  No  grave  to  be  dug  in  the  cemetery  ex- 
cept by  permission  of  the  Sexton.  Excep- 
tion.   Penalty. 


5.  Sexton    to    keep    register  ot    burials; 
what  it  must  contain.    Report,  to  Council. 

6.  Sexton  to   take  care  of  cemetery  and 
protect  it. 

7.  Conditions  in  regard  to  burial  in  public 
burying  ground. 

8.  Sexton  to  report  to  Council  quarterly. 

9.  Price  of  lots.     Deeds    therefor.     How 
to  be  executed. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section   i.  That  the  ofifice  of  Sexton  is  hereby  created  ; 
which  ofificer  shall  be  appointed  by  the  Council  for  the  term 


CEMETERY.  49 

of  one    year,    and    until    his    successor    is    appointed,    unless 
sooner  removed  by  the  Council. 

Sec.  2.  It  is  the  duty  of  the  Sexton,  when  called  upon  to 
dig  a  grave,  to  comply  promptly  with  such  request.  He  shall 
dig  graves  six  feet,  at  least,  in  depth,  and  attend  to  filirng~ 
them  up  properly  after  the  coffin  is  deposited  therein  ;  and  if, 
from  any  cause  a  grave  becomes  settled,  it  is  his  duty  to  fill 
up  the  same,  and  make  it  in  a  proper  form  and  decent 
condition. 

Sec.  3.  The  Sexton  is  entitled  to  charge  and  receive  two 
dollars  for  digging  the  grave  of  a  person  of  ten  years  old  and 
under,  and  three  dollars  for  the  grave  of  a  person  over  ten 
years  of  age. 

Sec.  4.  No  person  shall  dig  a  grave  in  the  cemetery  with- 
out the  permission  of  the  Sexton,  or  in  case  of  his  absence  or 
disability,  of  the  Mayor  ;  and  if  any  person  violate  the  pro- 
visions of  this  section,  he  shall  forfeit  to  the  city  any  sum  not 
exceeding  ten  dollars. 

Sec.  5.  The  Sexton  shall  keep  a  register  of  all  burials,  con- 
taining the  name  and  age  of  the  individuals,  and  the  dates 
and  causes  of  death,  if  known,  and  report  the  same  to  the 
Council  annually. 

Sec.  6.  The  Sexton  has  the  care  of  the  cemetery,  and  shall 
keep  it  in  order  and  in  good  repair.  It  shall  be  his  duty  to 
keep  a  good  lock  upon  the  gate,  and  to  keep  the  gate  locked, 
except  during  the  time  of  a  funeral  ;  to  keep  posts  set  along 
the  streets  and  around  the  circle,  so  as  to  prevent  horses*  and 
carriages  being  driven  out  of  said  street  and  circle,  and  to 
keep  the  stakes  marking  the  lots,  standing,  and  in  order. 

Sec.  7.  The  Sexton  shall  permit  no  person  to  be  buried  in 
that  part  of  the  cemetery  known  as  the  pubUc  burying 
ground,  who  "had  not  been  a  resident  of  the  city  for  six 
months  preceding  his  or  her  decease,  except  upon  the  pay- 
ment of  one  dollar,  for  the  use  of  the  city,  or  upon  the  writ- 
ten permission  of  the  Mayor  ;  nor  shall  he  be  compelled  to 
admit  such  person  to  burial  until  payment  for  his  services  in 
^'gg^'^g  the  grave,  unless  authorized  so  to  do  by  the  Mayor; 
in  which  case  he  shall  charge  the  city  his  fees  for  digging 
such  grave. 

Sec.  8.  The  Sexton  shall  report  quarterly  to  the  Council 
the  number  of  persons  of  the  description  mentioned  in  the 
preceding  section,  admitted  to  burial  within  the  preceding 
quarter,  and  pay  over,  as  the  Council  may  direct,  all  money 
arising  from  such  burials,  for  the  use  of  the  city. 


50 


ORDINANCES. 


Sec.  9.  The  lots  in  the  cemetery  may  be  purchased  by  in- 
dividuals, at  the  rate  of  five  dollars  for  each  lot.  Deeds  for 
such  lots  shall  be  executed  by  the  Mayor,  and  sealed  with  the 
seal  of  the  city. 

All  deeds  heretofore  made  for  lots  in  the  cemetery,  under 
the  authority  of  the  city,  are  hereby  confirmed,  notwith- 
standing any  informalities  therein. 


CHAPTER  VII. 

DOGS. 

An  Ordinance  in  relation  to  Dogs. 


1.  Keepers  of  dogs  running  at  large  must 
have  same  registered.  Must  pay  tax  of  two 
dollars  for  each  dog,  and  five  dollars  for 
each  bitch,  and  have  collar  on  neck  of  ani- 
mal with  name  or  initials  of  owner  thereon. 

2.  Tax  to  be  paid  to  the  Marshal. 

3.  Dog  running  at  large  without  collar,  or 
without  payment  of  tax,  consequence. 


4.  Recorder  to  keep  register  for  dogs;  fee 
for  registering;  duties  and  compensation  of 
Marshal. 

.5.  When  Mayor  may  issue  proclamation 
forbidding  dogs  to  run  at  large.  Fate  of  dogs 
disobeying  proclamation. 

6.  Penalty  for  keeping  vicious  dogs. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  No  person  shall  be  entitled  to  keep  a  dog  or 
bitch,  and  suffer  the  same  to  run  at  large  in  the  city  unless  he 
conform  to  the  following  provisions  :  The  owner  shall  cause 
his  own  name  to  be  registered  therefor  by  the  Recorder,  to- 
gether with  the  name  and  description  of  the  dog  or  bitch,  and 
shall  pay  an  annual  tax  of  two  dollars  for  each  dog,  and  ot 
five  dollars  for  each  bitch,  and  shall  keep  upon  the  neck  of  the 
dog  or  bitch,  a  collar  of  leather,  tin  or  other  durable  ma- 
terial, with  the  name  or  initials  of  the  owner,  and  the  number 
of  his  registry,  distinctly  engraved  or  marked  thereon. 

Sec.  2.  The  owner  of  such  dog,  or  bitch,  may  pay  the 
above  tax  to  the  Marshal,  and  take  his  receipt  therefor. 

Sec.  3.  Any  dog  or  bitch  found  at  large  without  such  col- 
lar, and  any  registered  dog,  on  which  the  owner  has  not  paid 
his  tax,  on  demand  of  the  Marshal,  or  within  the  year  with- 
out demand,  shall  be  seized  by  the  Marshal,  and  sold  at  pub- 
lic sale,  on  written  notice  of  twenty-four  hours,  posted  in  one 
or  more  places  in  the  ward  in  which  the  owner  lives,  if  he  be 
known  to  the  Marshal.  But  any  registered  dog  or  bitch,  on 
which  the  owner  has  neglected  to  pay  his  tax,  or  which  is 
found  without  his  collar,  may  be  redeemed  before  actual  sale, 
by  the  owner  paying  fifty  cents  to  the  Marshal,  together  with 
any  tax  that  may  be  due. 


ELECTIONS. 


5t 


Sec.  4.  The  Recorder  shall  keep  a  separate  book  for  regis- 
tering dogs,  and  may  demand  and  receive  from  the  owner 
twenty-five  cents  for  each  dog  registered.  The  Marshal  shall 
be  entitled  to  seventy-five  cents  for  each  dog  or  bitch,  seized 
and  sold,  if  the  sale  produce  so  much,  and  if  not,  then  ft^.y- 
cents  ;  the  balance  above  the  amount  produced  by  the  sale  to 
be  paid  from  the  city  treasury,  and  if  no  bids  are  offered  by 
any  person,  at  the  time  of  such  sale,  the  Marshal  shall  make 
bid  in  the  name  of  the  city,  and  shall  proceed  to  slay  or  cause 
to  be  slain,  every  such  dog  or  bitch,  and  remove  the  same 
from  the  limits  of  the  city. 

Sec.  5.  The  Mayor  shall  have  authority,  upon  a  reasonable 
apprehension  of  danger  from  mad  or  rabid  dogs,  to  issue  a 
proclamation  forbidding  dogs  of  every  description  from  going 
at  large  within  the  city  limits,  except  the  same  be  securely 
muzzled  ;  and  after  such  proclamation  shall  have  been  issued 
a  reasonable  time,  if  any  dog  or  bitch  shall  be  found  running 
at  large  in  the  city,  unless  so  muzzled,  the  same  may  be  law- 
fully slain  by  any  police  officer,  and  the  owner  or  keeper 
thereof  shall  forfeit  and  pay  to  the  city  a  sum  not  exceeding 
twenty  dollars. 

Sec.  6.  Any  person  or  persons  keeping  a  dog  or  bitch  no- 
toriously vicious  and  dangerous,  shall  be  fined  in  any  sum  not 
exceeding  fifty  dollars,  to  be  collected  and  enforced  as  any 
other  city  penalties. 


CHAPTER  VIII. 

ELECTIONS. 

An  Ordinance  in  regard  to  City  Elections. 


1.  Polls  to  be  opened  in  each  ward  for  the 
election  of  certain  officers  to  be  elected  an- 
nually, on  the  first  Monday  of  March.  Polls 
to  be  opened  and  closed.    When. 

2.  Police  Judge  to  be  elected.    When. 

.3.  Polling  places,  and  Judges  and  Clerks  of 
the  election,  to  be  selected  twelve  days  be- 
fore election.  Judges  and  Clerks  must  be 
voters. 

4.  Judges  and  Clerks  failing  to  attend; 
places  of,  how  supplied. 

5.  Mayor  to  issue  proclamation  ten  days 
before  election.  Requisites  of  proclamation, 
and  how  published. 

6.  Elections.    How  conducted. 


7.  Duties  of  Judges  of  Election,  and  of 
Council,  and  of  Recorder  in  regard  to  can- 
vass of  votes,  and  result  of  election. 

8.  Who  declared  elected. 

9.  Terms  of  office. 

10.  Oath  to  be  taken. 

11.  Who  required  to  give  bond. 

12.  Bonds  to  be  filed.    With  whom. 

13.  Failure  to  qualify  before  next  regular 
meeting  of  Council  after  election,  office  de- 
clared vacant.    Office,  how  filled. 

H.  Vacancies     in    election.     Office,    how 
filled. 
15.  Provision  when  new  ward  is  created. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section  i.  That    on    the   first  Monday  of  March  in  each 


52  ORDINANCES. 

year,  a  poll  shall  be  opened  in  each  ward  of  the  city  for  the 
election  of  a  Mayor,  Treasurer,  Assessor  and  Wharf  Master, 
to  be  voted  for  by  the  electors  of  the  city,  and  for  the  elec- 
tion of  one  Alderman  from  each  ward,  to  be  voted  for  only 
by  the  electors  of  such  w^ard.  Should  there  be  a  vacancy  in 
the  office  of  Alderman  in  any  ward  occasioned  by  the  death, 
resignation,  removal,  or  otherwise  of  the  person  elected  to 
such  office  at  the  previous  election,  it  shall  be  the  duty  of  the 
electors  of  such  ward,  at  such  annual  election,  to  elect  some 
qualified  person  to  serve  as  Alderman  for  the  residue  of  the 
term.  The  polls  shall  be  opened  at  9  o'clock  A.  M.,  for  the  recep- 
tion of  ballots,  and  remain  open  until  4  o'clock  in  the  afternoon. 

Sec.  2.  In  addition  to  the  officers  named  in  the  foregoing 
section,  there  shall  be  elected  by  the  voters  of  said  city  at  the 
city  election  in  each  even  year,  a  Police  Judge.  Should  there 
be  a  vacancy  in  the  office  of  the  Police  Judge,  from  any  cause, 
at  the  time  of  the  annual  city  election,  the  electors  of  the  city 
shall  elect  some  qualified  person  to  serve  as  Police  Judge  for 
the  remainder  of  the  term. 

Sec.  3.  The  Council  shall,  at  least  twelve  days  before  the 
said  election,  select  a  suitable  polling  place  in  each  ward,  and 
appoint  three  persons  in  each  ward  to  act  as  judges  of  the 
election,  and  two  persons  in  each  ward  to  act  as  clerks  of 
the  election.  The  persons  appointed  to  act  as  judges  and 
clerks  of  the  election  shall  be  voters  of  the  ward  in  which 
they  are  to  act. 

Sec.  4.  If  any  judge  of  election  or  clerk,  appointed  under 
the  preceding  section,  shall  fail  to  attend  at  the  time  fixed 
herein  for  opening  the  polls,  the  judge  or  judges  attending 
may  supply  his  place  from  the  electors  present  ;  and  if  no 
judge  or  clerk  shall  attend,  then  the  electors  present  may  ap- 
point the  judges  of  election,  and  the  judges  thus  appointed 
shall  select  the  clerks. 

Sec.  5.  It  shall  be  the  duty  of  the  Mayor  to  issue  his  pro- 
clamation at  least  ten  days  before  the  election,  naming  therein 
the  time  of  the  election,  and  the  polling  places  in  the  differ- 
ent wards,  and  the  officers  to  be  chosen  at  such  election. 
Notice  of  such  proclamation  may  be  given  by  posting  a  copy 
thereof  in  each  ward  for  the  space  of  ten  days  before  the 
election,  or  by  the  publication  in  some  newspaper  printed  in  the 
city  for  the  same  length  of  time. 

Sec.  6.  Such  election  shall  be  conducted  in  the  same  man- 
ner that  elections  for  State  and  county  officers  are  conducted. 

Sec.  7.  The  judges  of  the  election,  in  each  ward,  after  hav- 
ing canvassed  the  votes  given  at  any  city  election,  in  their  re- 
spective wards,  shall  make  returns  thereof  to  the  City  Coun- 


I 


ELECTIONS.  53 

cil  within  two  days  after  such  election  ;  the  Council  shall,  on 
the  third  day  after  such  election,  open  such  returns,  and  shall 
ascertain  the  candidates  elected,  and  shall  cause  an  abstract 
of  the  votes  cast  to  be  made  out  and  recorded  in  a  book  kept 
for  that  purpose.  It  shall  be  the  duty  of  the  Recorder  4x). 
make  out  certificates  of  election  to  each  of  the  candidates 
elected,  and  cause  the  same  to  be  delivered  to  them,  or  left 
at  their  residence  or  place  of  business. 

Sec.  8.  The  person  receiving  the  highest  number  of  votes 
cast  for  the  officer  voted  for  shall  be  declared  elected. 

Sec.  9.  The  officers  so  elected  shall  hold  their  offices  for  the 
term  of  one  year,  and  until  their  successors  are  chosen  and 
qualified,  except  Aldermen  elected  for  the  full  term,  and  the 
Police  Judge,  who  shall  each  hold  for  two  years,  and  until 
their  successors  are  elected  and  qualified. 

Sec.  10.  Each  of  said  officers  shall  take  an  oath  to  support 
the  Constitution  of  the  United  States,  and  of  the  State  of 
Iowa,  and  that  he  will  faithfully  and  impartially,  and  to  the 
best  of  his  ability  and  judgment,  discharge  the  duties  of 
the  office  (naming  it)  as  required  by  the  laws  of  the  City 
of  Muscatine. 

Sec.  II.  The  Wharf  Master,  Assessor,  Police  Judge  and 
Treasurer,  shall  each  be  required  to  give  bond  in  such  sum  as 
may  be  fixed  by  ordinance,  or  may  be  designated  by  the 
Council. 

Sec.  12.  Said  bonds  when  duly  executed  and  approved  by 
the  Council,  shall  be  filed  with  the  Recorder.  If  the  Recorder 
should  be  elected  to  any  of  the  offices  aforesaid,  requiring 
a  bond,  then  the  bond  for  that  particular  office  shall  be  filed 
with  the  Mayor. 

Sec.  13.  If  any  officer  elected  under  this  ordinance  shall 
fail  to  qualify  as  aforesaid,  on  or  before  the  next  regular  meet- 
ing of  the  Council  after  his  election,  the  office  shall  thereby 
become  vacant,  and  the  election,  so  far  as  it  relates  to  that 
officer,  shall  be  of  no  effect,  and  the  office  shall  be  filled  as 
though  the  vacancy  had  occurred  by  voluntary  resignation. 

Sec.  14.  Any  vacancy  which  may  occur  in  any  of  the  offices 
named  in  this  ordinance,  shall  be  tempr)rarily  filled  by  the  Coun- 
cil as  speedily  as  practicable,  and  the  person  selected  by  the 
Council  to  fill  such  vacancy,  shall  hold  until  the  next  annual 
election,  and  until  a  successor  is  chosen  and  qualified. 

Sec.  15.  In  case  of  a  new  ward  being  created  by  the  Coun- 
cil, the  electors  of  such  new  ward,  shall,  at  the  first  annual 
city  election  thereafter,  elect  two  Aldermen  from  such  ward, 
one  of  whom  shall  serve  for  two  years,  and  the  other  for  one 
year,  the  term  of  service  to  be  determined  by  lot. 


54 


ORDINANCES. 


CHAPTER  IX. 


ELECTION  CONTESTS. 


An  Ordinance  for  the  determination  of  Tie  Votes  and  Con- 
tested Elections. 


1.  Mayor  to  call  special  meetings  of  Coun- 
cil to  determine  to  whom  office  shall  be 
given  in  case  of  tie. 

2.  Recorder  to  notify  persons  having  such 
tie  votes  to  appear  at  such  special  meeting. 

3.  How  and  by  whom  lot  to  be  arranged. 

4.  Person  intending  to  contest  election, 
must  do,  what. 

5.  Cause  of  contest.  What  required  when 
ground  of  contest  is  the  receiving  of  illegal, 
or  the  rejection  of  legal  votes. 

6.  Who  may  contest  election. 

7.  Contestor  to  file  bond;  conditions  of 
bond. 


8.  Recorder  shall  cause  notice  of  contest 
to  be  served  on  the  person  declared  elected. 
Incumbent  to  answer  in  five  days. 

9.  How  the  court  for  the  trial  of  contested 
elections  shall  be  constituted. 

10.  Time  for  trial  to  be  fixed  by  Mayor,  or 
other  presiding  officer,  and  notice  given  to 
parties. 

11.  Judges  to  be  appointed  by  the  presid- 
ing officer,  when. 

13.  Provisions  of  Code  to  be  observed  as 
far  as  practicable.  Trial  may  be  held  in 
City  Hall. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  whenever  it  shall  appear  from  the  returns 
of  any  municipal  election,  that  two  or  more  persons  have  re- 
ceived an  equal,  and  the  highest  number  of  votes  for  Mayor, 
Alderman,  or  any  elective  municipal  office,  it  shall  be  the  duty 
of  the  Mayor,  or  acting  Mayor,  to  call  a  special  meeting  of 
the  Council  for  the  purpose  of  determining,  in  the  manner 
hereinafter  prescribed,  to  whom  the  office  shall  be  given. 

Sec.  2.  In  all  cases  where  there  may  be  such  tie  vote  the 
Recorder  shall  notify  the  Mayor  of  such  tie  vote,  and  shall 
issue  a  notice  to  the  persons  receiving  such  equal  votes,  and 
require  them  to  appear  at  the  special  meeting  of  the  Council, 
called  by  the  Mayor  for  the  purpose  of  determining  by  lot 
which  of  them  is  to  serve. 

Sec.  3.  The  lot  shall  be  arranged  by  the  Mayor,  in  the  pres- 
ence of  the  Council,  and  of  the  parties,  if  present.  If  the 
Mayor  be  one  of  the  persons  between  whom  such  tie  vote  is 
to  be  determined,  the  Council  shall  appoint  an  acting  Mayor, 
who  shall  arrange  the  lot.  If  any  of  the  parties  fail  to  ap- 
pear, or  to  take  part  in  the  lot,  the  Mayor,  or  acting  Mayor, 
as  the  case  may  be,  shall  draw  for  him,  and  the  proceedings 
and  the  results,  shall  be  entered  on  the  journal  by  the 
Recorder. 

Sec.  4.  When  any  citizen  intends  to  contest  the  election 
of  any  person,  to  any  elective  office,  to  which  he  has  been  de- 
clared elected,  or  to  contest  the  right  of  such  person  to  hold 
the  same,  he  shall,  within  ten  days  after  the  votes  have  been 
canvassed    by  the  Council,  file  with  the  Recorder  a   written 


ELECTION   CONTESTS.  55 

statement  of  his  intention  to  contest  the  election,  the  name 
of  the  person  whose  right  to  the  office  is  contested,  the  office 
contested,  the  time  of  the  election,  and  the  particular  causes 
of  contest,  which  statement  shall  be  verified  by  the  affidavit 
of  the  contestant,  that  the  causes  set  forth  are  true  as  lie* 
verily  believes. 

Sec.  5.  The  causes  of  contest  may  be  the  same  as  those  des- 
ignated in  section  692,  of  the  Code,  for  contesting  elec- 
tions of  county  officers.  When  the  ground  of  the  contest  is  that 
illegal  votes  were  received,  or  legal  votes  were  rejected,  or 
both,  the  statement  above  required  must  set  forth  the  names 
of  the  persons  illegally  voting,  or  the  names  of  the  persons 
whose  votes  were  rejected,  or  both,  if  the  ground  of  contest 
embrace  both,  with  the  ward  or  wards  in  which  such  votes 
were  received  or  rejected.  The  statement  must  further  show 
that  the  result  of  the  election,  with  respect  to  the  office,  the 
right  to  which  is  the  subject  of  the  contest,  would  have  been 
different  had  such  illegal  votes  not  been  received,  or  such 
legal  votes  not  been  rejected,  or  for  both  the  receiving  of 
illegal  and  the  rejection  of  legal  votes. 

Sec.  6.  When  the  contest  is  in  regard  to  the  election  of 
Mayor,  or  other  officer  elected  by  the  general  vote  of  the 
city,  such  election  may  be  contested  by  any  elector  of 
the  city,  but  where  it  is  in  regard  to  the  election  of  Alder- 
man, or  other  officer,  elected  by  a  ward,  such  election  can 
only  be  contested  by  an  elector  of  that  particular  ward. 

Sec.  7.  In  all  cases  where  an  election  is  contested,  the 
elector  contesting  the  same,  shall,  at  the  time  of  filing  the 
statement  aforesaid,  file  with  the  Recorder  a  bond,  in  a  pen- 
alty to  be  fixed  by  the  Recorder,  but  which  shall  not  exceed 
two  hundred  dollars,  with  sureties  to  be  approved  by  the  Re- 
corder, conditioned  for  the  payment  of  all  costs,  in  case  the 
election  be  confirmed,  or  the  statement  be  dismissed,  or  the 
prosecution  fails. 

Sec.  8.  Immediately  after  the  filing  of  the  statement,  and 
the  approval  of  the  bond,  as  herein  provided,  the  Recorder 
shall  make  out  a  copy  of  such  statement,  and  cause  the  same 
to  be  served  on  the  party  whose  election  is  contested,  with- 
out delay,  and  who  shall  answer  the  same  in  five  days  after 
such  service. 

Sec.  9.  The  court  for  the  trial  of  contested  city  elections 
shall  be  the  Mayor  of  the  city,  who  shall  be  the  presiding 
officer,  and  two  other  electors  of  the  city,  having  the  qualifi- 
cations of  jurors,  to  be  severally  nominated  by  the  parties  to 
the  contest,  in  writing,  on  or  before  the  day  of  trial.  The  Re- 
corder  shall  act  as  clerk  of  this  court,  and  keep  all  papers. 


56  ORDINANCES. 

and  record  all  proceedin^^^s  in  the  election  book,  in  manner 
similar  to  the  record  of  proceedings  of  the  District  Court.  If 
the  Mayor  should  be  a  party  to  the  contest,  or  be  otherwise 
disqualified,  the  Council  shall  elect  some  other  proper  person 
to  preside  at  such  trial,  and  if  the  person  filling  the  office  of 
Recorder  should  be  a  party  to  such  contest,  the  Council  shall 
select  some  other  persoi]  to  act  as  clerk  at  such  trial. 

Sec.  io.  The  Mayor,  or  other  person  appointed  to  preside 
at  such  trial,  shall  fix  a  day  for  the  trial,  and  cause  notice 
thereof  to  be  served  on  the  parties.  The  day  fixed  for  the 
trial  shall  not  be  more  than  twenty  days  from  the  filing  with 
the  Recorder  of  the  statement  and  bond  aforesaid,  nor  less 
than  fifteen  days,  and  each  party  shall  have  at  least  five  days' 
notice  of  the  day  fixed  for  trial. 

Sec.  II.  If  either  of  the  parties  fail  to  nominate  judges  to 
sit,  in  conjunction  with  the  Mayor,  or  other  person  selected 
to  preside,  the  presiding  officer  shall  appoint  for  him,  and  if 
either  of  the  judges,  so  nominated,  shall  fail  to  appear  at  the 
time  fixed  for  the  trial,  his  place  may  be  filled  by  another  ap- 
pointment under  the  same  rule.  The  judges  shall  be  sworn 
to  well  and  truly  try,  and  a  true  decision  to  render  according 
to  the  evidence  submitted  to  them,  without  fear,  favor  or  par- 
tiality, according  to  their  best  knowledge  and  judgment. 

Sec.  12.  All  the  provisions  of  Chapter  6,  in  Title  5,  of  the 
Code  for  contesting  the  election  of  county  offices  so  far  as  the 
same  are  applicable,  and  not  herein  changed  or  modified,  shall 
apply  to  and  govern  in  contests  in  relation  to  the  election  of 
city  officers.  Such  trial  may  be  held  in  the  City  Hall,  but  in 
no  case  shall  the  city  be  liable  for  any  costs  arising  in  or 
growing  out  of  said  trial. 


CHAPTER  X. 

THE  FEERY  LANDING. 

An  Ordinance  in  relation  to  the  Ferry  Landing. 


land  at  the  ferry  wharf.  Any  landing  made 
contrary  to  the  provisions  of  this  ordinance, 
to  be  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  one  hundred  dollars. 


1.  Describing  and  designating  the  water 
front  set  apart  for  the  landing  of  Ferry 
Boats  belonging  to  the  Muscatine  Ferry 
Company. 

2.  No  steamboat  or  other  craft  allowed  to 

Be  it  ordained  by  the  City  Comtcil .  of  the  City  of  Muscatine  : 

Section  i.  That  so  much  of  the  landing  on  the  Missis- 
sippi river,  or  river  front  of  the  City  of  Muscatine,  as  lies  op- 
posite the  foot  of  Iowa  avenue,  and  lots  four  (4)  and  five  (5) 
in  block  eleven  (11)  in  said  city,  be,  and  the  same  is  hereby 
set  apart  specially   and  exclusively  for  the  landing  place  of 


FIRE    DEPARTMENT. 


57 


the  ferry  boat  or  ferry  boats  of  the  Muscatine  Ferry  Com- 
pany, its  successors  and  assigns,  plying  between  said  city  and 
the  Illinois  shore  of  said  river,  and  for  the  location  and  main- 
tenance of  such  dock,  wharf-boat,  floating  bridge  or  other 
structure  as  may  be  necessary  and  proper  for  the  safe,  speedy^ 
and  commodious  transaction  of  the  business  of  said  Ferry 
Company.  And  the  said  landing  place  above  defined  and  de- 
scribed, shall  be  known  and  designated  as  the  "ferry  landing." 
Sec.  2.  No  steamboat,  barge,  raft  or  craft  of  any  kind,  other 
than  the  aforesaid  ferry  boats,  dock,  wharf-boats,  floating 
bridges,  and  structures  of  the  said  Ferry  Company,  shall  be 
permitted  to  land,  be,  or  remain  at  the  said  ferry  landing,  and 
any  person  or  persons  who  shall  land,  or  cause  to  land,  or 
cause  to  be  and  remain  at  the  said  ferry  landing,  any  steam- 
boat, barge,  raft,  or  other  craft,  contrary  to  the  provisions  of 
this  ordinance,  shall  be  subject  and  liable  to  a  penalty  of  not 
less  than  ten  nor  more  than  one  hundred  dollars — such  pen- 
alty to  be  recovered  of  the  party  so  offending,  upon  complaint 
before  the  proper  tribunal. 


I 


CHAPTER  XI. 

FIRE  DEPARTMENT. 

An  Ordinance  in   relation  to   the  Formation  and   Govern- 
ment of  the  Fire  Department. 


1.  What  Fire  Department  shall  consist  of. 

2.  What  each  Company  shall  consist  of. 
To  be  accepted  by  the  Council. 

3.  Members  of  each  Company  may  elect 
their  own  officers,  and  adopt  constitution 
subject  to  the  ordinances  of  the  city  and 
approval  of  the  Council. 

4.  Duty  of  firemen.  Engines  or  appara- 
tus not  to  be  removed  from  a  fire  except  by 
order  of  Chief  Engineer. 

5.  Nomination  ot  Chief  Engineer  to  be 
made  by  the  firemen.    How  appointed. 

6.  Chief  Engineer  to  have  absolute  con- 
trol at  a  fire.    Duty  of  Chief  Engineer. 

7.  When  vacancy  in  office  of  Chief  Engi- 
neer shall  occur,  who  to  have  charge  in  his 
absence. 

8.  When  repairs  are  required. 

9.  Chief  Engineer  to  report  to  City  Coun- 
cil any  subordinate  unfit  tor  duty. 

10.  Foremen  or  others  refusing  to  comply 
with  orders,  to  be  dismissed. 


11.  Foremen  of  Companies  to  report, 
when  and  to  whom.  Firemen  to  be  exempt 
from  poll  tax. 

12.  Apparatus  not  to  be  removed  from 
house  unless.     Penalty  for  violation. 

13.  Apparatus  not  to  be  taken  on  side- 
walk, unless.     Penalty  for  violation. 

14.  Apparatus  to  be  kept,  when  and  how. 

15.  Not  allowed  to  go  beyond  city,  except. 

16.  Fire  Companies  not  allowed  to  organ- 
ize except  under  the  provisions  of  this  ordi- 
nance. 

17.  Companies  have  power  to  commence  a 
civil  action.    How  commenced,  etc. 

18.  Any  person  ceasing  to  be  a  member. 
When  action  may  be  brought. 

19.  Penalty  for  driving  across  any  hose 
while  in  use. 

20.  Firemen  to  be  subject  to  the  orders  of 
Chief  Engineer  and  his  assistants. 

21.  Companies  to  receive  an  annual 
stipend. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section   i.  The    fire  department  of  the   City  of  Muscatine 
8 


58  ORDINANCES. 

shall  consist  of  a  Chief  Engineer  and  Assistant  Engineer, 
and  such  fire  wardens  as  may  from  time  to  time  be  appointed 
by  the  City  Council,  one  Hose  Company  in  each  ward,  one 
Hook  and  Ladder  Company,  and  such  other  fire  companies  as 
the  Council  may  hereafter  authorize  and  accept. 

Sec.  2.  Each  Hose  Company  and  Hook  and  Ladder  Com- 
pany, shall  consist  of  a  foreman,  assistant  foreman,  and  no 
less  than  twenty  men.  Whenever  a^  company  so  organized 
shall  be  accepted  by  the  City  Council,  such  company  shall 
constitute  and  form  a  part  of  the  Fire  Department,  subject  to 
the  requirements  and  entitled  to  the  privileges  of  this  or- 
dinance. 

Sec.  3.  The  members  of  each  company  may  elect  their 
own  foreman  and  assistant  foreman  ;  adopt  such  constitution 
and  by-laws  for  their  government  as  they  may  deem  best  to  pro- 
mote the  objects  of  their  organization,  subject  to  the  ordi- 
nances of  the  city  and  the  approval  of  the  Council. 

Sec.  4.  It  shall  be  the  duty  of  the  firemen,  as  often  as  any 
fire  shall  break  out  in  the  city,  to  repair  immediately  upon 
the  alarm  to  their  respective  hose  carts,  and  hooks  and  lad- 
ders, and  convey  them  to  or  near  the  place  where  such  fire 
shall  happen,  unless  otherwise  directed  by  the  Chief,  or  other 
engineer,  and  there,  in  conformity  with  the  directions  given 
by  the  Chief,  or  other  engineer,  to  work  and  manage  said  ap- 
paratus or  implement  with  all  their  skill  and  power  ;  and  when 
the  fire  is  extinguished  they  shall  not  remove  them  there- 
from, but  by  the  direction  of  engineer,  and  on  such  direction, 
they  shall  retdtn  their  respective  hose  carts,  hooks  and  ladders, 
and  other  apparatus,  to  their  several  places  of  deposit. 

Sec.  5.  The  nomination  of  the  Chief  Engineer  and  Assis- 
tant Engineer  shall  be  made  by  the  firemen  by  ballot,  on  the 
first  Saturday  of  June,  in  each  year,  and  the  persons  receiving 
the  greatest  number  of  votes  for  the  respective  offices,  shall 
thereupon  be  entitled  to  a  nomination  to  the  City  Council  for 
the  appointment  to  such  offices  ;  such  appointment  to  con- 
tinue for  one  year,  or  until  the  successors  to  each  office  shall 
be  nominated,  and  by  the  City  Council  duly  confirmed.  Public 
notice  of  the  time  and  place  of  the  first  nomination  shall  be 
given  to  the  Fire  Department  by  the  Mayor,  and  all  subse- 
quent nominations  by  the  Chief  Engineer  through  one  or 
more  newspapers  published  in  the  City  of  Muscatine.  When- 
ever a  vacancy  shall  occur  in  either  of  the  offices  of  Chief  En- 
gineer, or  Assistant  Engineer,  the  foremen  of  the  fire  com- 
panies collectively,  shall  have  power,  and  it  shall  be  their 
their  duty  to  call  a  special  election,  and  designate  the  time 
and    place    for   holding  the   same,  to   the   end   that   a  nomi- 


I 


IRE   DEPARTMEN' 

nation    pursuant    to   the  provisions  of  this  ordinance  may  be 
made  to  the  City  Council  to  supply  such  vacancy. 

Sec.  6.  The  Chief  Engineer  shall,  in  all  cases  of  fire,  have  the 
sole  and  absolute  command  and  control  over  all  the  engineers 
and  other  persons  connected  with  the  Fire  Department.  It  sh^ll- 
be  the  duty  of  the  Chief  Engineer  to  examine  twice  in  each  year 
into  the  number  and  condition  of  all  hose  carria-ges,  hose  and 
other  apparatus  connected  therewith,  and  all  buildings  used 
by  the  fire  department,  and  report  the  same  to  the  City  Coun- 
cil, once  in  each  year,  and  oftener,  if  required  by  the 
Council.  He  shall  also  report  a  list  of  the  members  of 
the  Fire  Department,  and  the  respective  associations  to  which 
they  belong. 

Sec.  7.  Whenever  any  vacancy  shall  occur  in  the  office  of 
Chief  Engineer,  it  shall  be  the  duty  of  the  Assistant  Engi- 
neer to  perform  the  duties  of  the  office,  until  the  vacancy  is 
filled.  The  Assistant  Engineer  shall  exercise  the  duties  of  the 
Chief  Engineer  in  his  absence,  and  in  general  have  control 
of  the  Fire  Department  subordinate  to  him. 

Sec.  8.  Whenever  any  repairs  are  required  to  keep  the  fire 
engines  and  apparatus  in  good  order,  the  Chief  Engineer  shall 
forthwith  report  the  same  to  the  City  Council  or  Mayor. 

Sec.  9.  The  Chief  Engineer  shall  report  to  the  City  Coun- 
cil the  name  of  any  member  of  the  Fire  Department  who  is 
reported  to  him  by  the  foreman  of  the  company  of  which  he 
is  a  member,  to  be  inefficient,  unfaithful,  intemperate  or 
otherwise  unfit  for  duty,  and  the  City  Council  may  remove 
such  person  at  pleasure. 

Sec.  10.  If  any  Assistant  Engineer,  foreman,  or  other  fire- 
man, having  charge  of  any  fire  or  hose  company,  disobeys  or 
refuses  to  obey  any  order  or  direction  of  the  Chief  Engin- 
neer,  he  may  for  such  offence  be  expelled  from  the  Fire  De- 
partment. 

Sec.  II.  The  foreman  of  each  fire  company  shall,  on  the 
first  Monday  in  July  in  each  year,  make  out  a  report  to  the 
Chief  Engineer,  of  the  number,  residence  and  occupation  of 
all  the  members  of  his  company,  and  also  all  misconduct  of 
any  member  of  his  company.  Each  member  of  the  Fire  De- 
partment of  this  city  shall  be  exempt  from  the  payment  of 
any  city  poll  tax  assessment. 

Sec.  12.  No  hook  and  ladder,  or  hose  cart,  or  other  appa- 
ratus, during  any  fire  in  the  city,  or  any  other  place,  or  report 
of  fire  at  any  time,  under  any  pretence  whatever,  shall  be 
taken  or  removed  out  of  its  house,  unless  the  foreman, 
assistant  foreman,  or  one  of  the  engineers,  or  at  least  two  of 
the  firemen  of  the  Company  to  which  the  same  belongs,  are 


6o  ORDINANCES. 

present,  and  consent  thereto,  under  a  penalty  of  ten  dollars 
for  every  such  offence,  to  be  forfeited  and  paid  by  and  received 
from  any  and  every  person  aiding  or  assisting  in  such  act. 

Sec.  13.  No  fire  engine,  nor  hook  and  ladder,  nor  hose  cart, 
shall,  in  going  or  returning  from  fires,  or  at  any  other  time  be 
run,  driven,  wheeled,  or  placed  upon  any  sidewalk,  except  by 
the  special  order  of  the  engineer,  foreman,  or  assistant  fore- 
man of  companies,  under  a  penalty  of  twenty  dollars  for  each 
offence,  to  be  forfeited  and  paid  by  the  persons  so  doing  or 
assisting  in  such  act. 

Sec.  14.  The  hose  carts  and  other  apparatus  shall  be  kept 
in  such  places  as  the  City  Council  may  provide  and  designate, 
and  it  shall  be  the  duty  of  the  several  companies  to  keep 
the  same  always  in  order  and  ready  for  immediate  use. 

Sec.  15.  No  company  shall  be  permitted  to  go  with  their 
engines  or  other  fire  apparatus,  beyond  the  limits  of  the  city, 
except  to  attend  fires  in  neighboring  towns,  without  the  con- 
sent of  the  Council. 

Sec.  16.  There  shall  be  no  fire  company  in  the  city,  or 
any  association  of  firemen,  who  are  not  organized  under  this 
ordinance  and  subject  to  its  provisions. 

Sec.  17.  Each  fire  company  shall  have  power  to  com- 
mence a  civil  action  before  the  Police  Judge,  or  any  compe- 
tent court,  against  any  member  of  the  fire  company  who 
fails  or  refuses  to  pay  the  dues,  fines  and  penalties,  accruing 
from  him  to  the  Company  of  which  he  is  a  member,  under  the 
constitution  and  by-laws  of  the  company.  Said  action  may 
be  in  the  name  of  the  foreman,  for  the  benefit  of  the  company. 

Sec.  18.  Any  person  ceasing  to  be  a  member  of  any  fire 
company,  shall  at  once  deliver  to  the  foreman  of  the  com- 
pany, to  which  he  had  previously  belonged,  any  and  all 
uniforms,  or  other  property  furnished  to  him,  either  by  the 
city  or  by  the  company,  and  upon  failure  to  deliver  the  same, 
suit  may  be  commenced  against  him,  either  for  the  recovery 
of  the  specific  property  or  its  value,  in  the  name  of  the  fore- 
man. The  provisions  of  this  section  shall  be  applicable  to 
to  any  Hook  and  Ladder  Company. 

Sec.  19.  If  any  person  shall,  knowingly  or  wilfully  drive 
any  wagon,  cart,  carriage,  or  other  vehicle,  over,  upon,  or 
across  any  hose  while  in  use  by  the  Fire  Department,  such 
person  or  persons  so  offending  shall,  for  each  and  every  of- 
fence, forfeit  and  pay  a  penalty  of  ten  dollars. 

Sec.  20.  In  all  matters  connected  with  the  extinguishment 
of  fires,  or  the  protection  of  property,  every  person,  not  a  fire- 
man, who  shall  be  present  at  a  fire  in  said  city,  shall  be  sub- 


FIRE    LIMITS.  6l 

ject  to  the  orders  of  the  Chief  Engineer  and  his  assistants, 
the  Fire  Wardens,  the  Mayor,  Marshal,  and  other  members  of 
the  poHce,  and  in  case  such  person  or  persons  shall  refuse  to 
obey  such  orders,  they  shall  forfeit  and  pay  the  sum  of  five 
dollars.  —   - 

Sec.  21.  Each  Hose  Company  shall  receive  from  the  city  an 
annual  stipend  of  fifty  dollars,  which  shall  be  used  by  said 
company  as  a  fund  for  defraying  the  expense  of  cleaning  and 
drying  hose,  and  each  Hook  and  Ladder  Company  shall  re- 
ceive from  the  city  an  annual  stipend  of  fifty  dollars,  which 
shall  be  used  by  said  Company  as  a  fund  for  defraying  the  ex- 
pense of  cleaning  their  wagon  and  apparatus. 


CHAPTER  Xn. 

FIKE.     FIRE  LIMITS. 

An  Ordinance  defining  the  Fire  Limits  of  the  City,  and  in 
relation  to  wooden  buildings  therein,  lumber  yards,  the 
keeping  of  hay  and  straw,  and  of  gunpowder,  and  other 
explosive  substances. 


1.  Fire  limits  defined. 

2.  Prohibitions  in  fire  limits. 

3.  Penalties. 

4.  Lumber  yards. 


5.  Gunpowder    or   other    explosive    sub- 
stance. 

6.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  following  blocks  in  the  City  of  Mus- 
catine, shall  be  known  as  the  fire  limits,  viz. :  Blocks,  9,  10, 
IT,  12,  13,  14,  15,  16,  29,  30,  31,  32,  33,  34.  35  and  36.  Also  the 
levee,  and  all  grounds  between  the  said  blocks.9,  10,  ii,  12,  13, 
14,  15,  16,  and  the  Mississippi  river. 

Sec.  2.  That  no  wooden  building  shall  hereafter  be  erected 
within  the  fire  limits  aforesaid,  nor  enlarged  in  length,  breadth 
or  height,  nor  shall  any  wooden  building  be  removed  from  one 
lot  on  to  another,  within  such  limits,  and  no  wooden  build- 
ing shall  be  brought  from  without  to  within  such  limits  ;  nor 
shall  any  hay  or  straw  be  kept  within  such  limits  except  in  an 
enclosed  building.  Any  building  constructed  of  wood,  with 
an  outside  sheeting  of  iron,  tin  or  other  metalic  substance, 
shall  be  regarded  as  a  wooden  building,  and  within  the  prohi- 
bition of  this  ordinance. 

Sec.  3.  That  any  person  erecting,  enlarging  or  removing 
any  building  in  violation  of  the  provisions  of  this  ordinance, 
shall  be  deemed   guilty  of  a  misdemeanor,  and  may  be  fined 


62  ORDINANCES. 

any  sum  not  exceeding  one  hundred  dollars  and  costs.  Each 
day  such  building  is  suffered  to  remain  after  notice  by  the 
Marshal,  to  remove  the  same,  will  be  regarded  as  a  new  and 
distinct  offence,  subject  to  the  same  penalty.  No  judgments 
for  a  fine  imposed  for  the  erection,  enlargement,  or  removal 
of  any  building  of  the  kind  prohibited  in  such  fire  limits,  or 
for  a  failure  to  remove  the  same  after  notice  so  to  do,  shall,  so 
long  as  such  building  remain  therein,  be  regarded  or  consid- 
ered a  bar  to  any  subsequent  proceeding.  In  addition  thereto, 
any  building  so  erected,  enlarged,  or  removed,  is  hereby  de- 
clared a  nuisance,  and  may  be  abated  by  the  City  Marshal,  under 
the  direction  of  the  City  Council,  at  the  expense  of  the  owner,  if 
the  owner  fail  to  remove  it,  after  notice  to  remove  the  same 
has  been  duly  served  on  him. 

Sec.  4.  No  person  shall,  either  for  himself  or  as  the  agent 
of  another,  hereafter  establish  a  lumber  yard,  or  deposit  lum- 
ber kept  or  held  for  sale,  within  the  fire  limits  as  herein  de- 
fined, nor,  when  any  lot  or  other  ground,  now  used  as  a  lum- 
ber yard,  or  for  the  deposit  of  lumber,  shall  be  appropriated 
to  other  uses,  or  shall  cease  to  be  used  as  a  lumber  yard,  shall 
any  person  thereafter  use  it  for  a  lumber  yard,  or  for  the  de- 
posit of  lumber  intended  for  sale.  Any  person  violating  the 
provisions  of  this  section  shall  be  subject  to  a  fine  not  exceed- 
ing one  hundred  dollars,  and  to  a  like  penalty  for  each  day 
such  lumber  is  permitted  to  remain,  after  he  shall  have  re- 
ceived notice  to  remove  the  same. 

Sec.  5.  No  person  shall  be  permitted  to  keep  more  than 
twenty-five  pounds  of  gunpowder,  nitro  glycerine,  or  other 
easily  explosive  substance  in  any  building  within  the  city. 
Powder  or  other  explosive  substances  shall  be  kept  in  closed 
kegs,  or  metalic  canisters,  in  some  place  secure  from  fire,  and 
where  it  can  be  easily  and  safely  removed  in  case  of  fire.  Any 
person  violating  the  provisions  of  this  section  shall  be  fined 
in  any  sum  not  more  than  one  hundred  dollars.  Pi'ovided,  how- 
ever, that  nothing  in  this  ordinance  shall  be  so  construed  as 
to  prevent  persons  keeping  powder  in  small  quantities,  for 
common  hunting  purposes,  from  keeping  the  same  as  it  is  or- 
dinarily kept  in  families. 

Sec.  6.  Any  person  keeping  hay  or  straw  within  said  limits, 
otherwise  than  in  an  inclosed  building,  shall  be  subject  to  a 
penalty  of  not  more  than  twenty  dollars,  and  an  addi- 
tional penalty  of  not  more  than  twenty  dollars  for  every 
day  such  straw  or  hay  is  permitted  to  remain  after  due  no- 
tice to  remove  or  secure  the  same,  has  been  given. 


I 


FIRE   WARDENS.  63 

CHAPTER  XIII. 

FIRE.     FIRE  WARDENS. 

An  Ordinance  authorizing  the  appointment  of   Fire  War- 
dens, and  prescribing  their  duties.  

1.  One  Fire  Warden  to  be  appointed  for  !  alty  for  resisting  or  refusing  to  compl}' with 
each  ward.  I  orders  of  Fire  Wardens. 

2.  Duties  and  powers  of  Fire  W^ardens,  in  j  3.  Duties  and  powers  of  Fire  Wardens  at 
the  examination  of  buildings,    etc.      Pen-  1  fires. 

Be  it  ordained  by  the  City  Coimcil  of  the  City  of  Muscatine  : 

Section  i.  That  the  City  Council  shall  appoint  one  Fire 
Warden  for  each  ward  in  the  city. 

Sec.  2.  It  shall  be  the  duty  of  the  Fire  Wardens  to  protect 
the  residents  of  the  city  against  the  carelessness  or  impru- 
dence of  persons  in  fixing  stoves,  pipes,  flues,  furnaces,  or 
other  things  of  like  nature,  pertaining  to  the  use  or  manage- 
ment of  fire  ;  and  to  that  end,  each  Fire  Warden  is  empowered, 
in  the  discharge  of  his  duty,  to  enter  all  houses,  manufacto- 
ries, and  other  buildings,  in  the  city,  in  the  day  time,  on  any 
day  except  Sunday,  for  the  purpose  of  examining  any  fire 
places,  hearths,  chimneys,  stoves  or  stove  pipes,  furnaces, 
ovens,  boilers,  kettles,  or  other  apparatus,  or  fixtures,  which 
may  be  dangerous  in  causing  or  promoting  fires  ;  and  when 
any  danger  shall  appear  from  the  condition  in  which  any  of 
the  above  mentioned  apparatus  or  fixtures  are  kept  or  man- 
aged, or  constructed,  or  placed,  the  Fire  Wardens,  may 
direct,  in  writing,  the  owner,  agent,  or  occupant  of  any 
premises,  containing  any  of  the  dangers  aforesaid,  to  re- 
move, alter,  or  change  the  same  in  such  manner,  as  the 
Wardens  may  deem  reasonable  and  proper  for  security  against 
fire,  and  within  such  time  as  they  may  prescribe.  Any  per- 
son who  shall  resist  the  entrance  of  a  Fire  Warden  into  any 
premises  as  aforesaid,  or  who  shall  refuse  to  comply  with  the 
directions  of  such  Wardens,  shall  be  deemed  guilty  of  a  viola- 
tion of  the  provisions  of  this  ordinance,  and,  on  conviction, 
may  be  fined,  in  any  sum,  not  exceeding  ten  dollars. 

Sec.  3.  It  shall  be  the  duty  of  the  Fire  Wardens  to  attend 
at  all  fires  w^ithin  the  city,  and  to  guard  and  protect  the 
property  of  persons,  which  may  become  exposed  or  en- 
dangered by  reason  of  fire.  They  shall  keep  all  idle  and  sus- 
pected persons  away  from  the  place  of  the  fire,  and  from  any 
goods  or  other  property  removed  or  exposed  in  consequence 
of  the  fire.  The  Fire  Wardens,  so  long  as  their  presence  is 
required  at  any  fire,  or  for  the  protection  of  any  property  left 
exposed  by  reason  of  such  fire,  shall  possess  all  the  powers  of 
special  policemen,  and  all  persons  are  required  to  comply  with 


64 


ORDINANCES. 


any  orders  or  directions  they  may  ^ive  for  the  protection  of 
goods  or  other  property,  of  which  they  have  assumed  the 
charge.  They  are  also  empowered  to  forbid  an)'  unauthor- 
ized person  from  interfering  with  hose,  or  in  any  manner  im- 
peding the  operations  of  the  firemen. 


CHAPTER  XIV. 

FIRES. 

An  Ordinance  regulating  the  keeping  of  Camphene,  Ben^ 
zine.  Benzole,  Kerosene,  Naptha,  or  other  coal  oils  or  in- 
flammable fluids.^ 


building.  Owner  of  building  must  know  it 
is  so  used,  and  have  consent  in  writing  of 
property  owners,  to  the  distance  of  hundred 
and  forty  feet. 

4.  Persons  desiring  to  keep  difterently  or 
in  greater  quantities,  may  apply  to  Council. 
Duty  of  Council. 

5.  Penalty. 


1.  Eestrictiona  in  regard  to  keeping  and 
retailing  in  fire  limits.  Must  not  have  over 
five  barrels  in  all.  How  to  be  kept  and  how 
sold. 

2.  Not  to  be  stored  or  kept  outside  of  a 
building,  longer  than  is  necessary  for  re- 
ceiving or  delivering. 

3.  May  keep  not  more  than  one  hundred 
barrels  outside  of  fire  limits,   in  any  one 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  merchant,  dealer,  or  other  person, 
company  or  corporation,  shall,  within  the  fire  limits  of  the 
City  of  Muscatine,  as  the  same  are  defined  by  ordinance, 
keep  on  hand,  in  any  store,  building,  cellar,  or  other  place 
within  said  fire  limits,  a  greater  quantity  of  camphene,  ben- 
zine, benzole,  kerosene,  naptha,  or  other  coal  oils,  or  other 
easily  inflamed  burning  fluid,  than  one  barrel,  not  exceeding 
fifty-five  gallons,  of  any  of  the  foregoing  fluids,  not  exceed- 
ing, however,  five  barrels  in  all.  Benzine,  benzole,  or  naptha, 
kept  for  retail,  shall  be  sold  by  daylight  only,  and  shall  be 
kept  in  a  tin  can,  or  other  metal  vessel.  Kerosene  m.ay  be  re- 
tailed at  night.  In  such  case,  however,  the  cask  from  which 
it  is  drawn,  must  be  at  least  fifteen  feet  from  any  light.  Any 
merchant,  dealer,  or  other  person,  if  he  keeps  none  of  the 
other  oils  or  inflammable  substances,  named  or  referred  to  or 
contemplated  herein,  may  keep  five  barrels  of  kerosene,  or 
two  barrels  of  benzine,  or  two  of  any  other  kind,  but  not  to 

♦Section  3901  of  the  Code  provides:  If  any  person  mixes  for  sale  naptha  and  illuminat- 
ing oils,  or  shall  keep  or  ofier  }\)r  sale  or  sell  such  mixture,  or  shall  keep  or  ofier  for  sale  or 
eell  oil  made  from  petroleum  for  illuminating  purposes,  or  any  other  product  of  petroleum 
Inflaiiimable  at  a  less  temperature  or  fire  test  than  one  hundred  and  ten  degrees  Fahrenheit, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  for  the  first  oflense  by  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  thirty 
days;  and  lor  the  second  and  every  succeeding  oflense.  by  fine  not  kss  than  one  hundred 
and  not  more  than  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  thirty  days  nor  moie  than  twelve  months,  or  by  both  such  fine  and  imprisonment. 


FIRES.  65 

exceed  five  barrels  in  all,  and  if  retailed  shall  be  from  tin  cans 
or  metal  vessels.  Outside  of  said  five  barrels,  no  such  mer- 
chant, dealer,  person,  corporation  or  company,  shall  keep  any  of 
said  articles,  other  than  above  specified,  except  by  the  consent 
of  the  City  Council,  as  hereinafter  provided.  ~   ' 

Sec.  2.  None  of  the  fluids,  or  substances  named,  referred 
to  or  contemplated  in  the  foregoing  section,  shall  be  kept  or 
stored  in  front  of  any  building  or  structure,  or  on  any  wharf, 
street,  alley  or  sidewalk,  or  lot  for  a  longer  period  than  is  suf- 
ficient for  receiving  the  same  for  storage  or  for  delivery,  such 
time  not  to  exceed  six  hours. 

Sec.  3.  Any  merchant  or  dealer  may  store  for  his  own  use, 
or  for  purpose  of  sale  by  the  barrel,  any  number  of  barrels  of 
said  oils  or  inflammable  fluids  or  substances,  not  exceeding  one 
hundred  barrels,  at  any  one  time,  in  anyone  building,  outside 
of  the  said  fire  limits,  belonging  to  himself,  or  rented  of 
another,  with  full  knowledge  on  the  part  of  such  other  that 
the  building  was  to  be  used  for  such  storage.  Provided,  how- 
ever, that  before  any  building  shall  be  used  for  such  purpose, 
the  consent  of  the  property  owners,  to  the  distance  of  one 
hundred  and  forty  feet  from  such  building,  be  first  had  and 
obtained.     Such  consent  must  be  in  writing. 

Sec.  4.  Any  person  wishing  to  store,  or  to  erect  or  use  a 
building  to  store,  more  than  one  hundred  barrels  of  said  oils, 
or  inflammable  substances  in  any  one  place,  or  who  shall  wish 
to  keep  or  sell  said  oils  or  substances  different  from  the  manner 
allowed  herein,  shall  make  application  to  the  City  Council, 
and  in  such  application  shall  state  the  grounds  or  reason  for 
such  application.  The  Council  may  either  grant  or  refuse  the 
application  ;  before  granting  it,  however,  the  matter  shall  be 
referred  to  a  committee,  who  shall  make  full  inquiry  respect- 
ing it,  and  report  their  conclusions  to  the  Council,  and  the 
Council  shall  take  such  action  as  it  may  deem  wise  and 
prudent. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  fifty  dollars  and  costs,  for  each  and  every  offense  ; 
and  every  day  that  any  of  said  oils  or  substances  are  kept  or 
stored  contrary  to  the  provisions  of  this  ordinance,  shall  be 
deemed  a  new  and  distinct  offense.  It  is  hereby  made  the 
duty  of  the  Marshal  and  the  Fire  Wardens,  to  see  that 
the  provisions  of  this  ordinance  are  respected  and  obeyed. 


66 


ORDINANCES. 


CHAPTER  XV. 

GAS.     GASWORKS. 

An  Ordinance  in  relation  to  Gas  Works.^ 


1,  Muscatine  Gas  Light  and  Coke  Com- 
pany privileged  to  use  liighways  and  public 
grounds  for  laying  pipes.  Not  to  obstruct 
passage  on  streets. 


2.  Conditions    on  which    privileges    are 
granted. 

3.  (Quality  of  gas  to  be  furnished,  and  city 
to  pay  a  certain  sum  per  public  lamp. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  Muscatine  Gas  Light  and  Coke  Com- 
pany, their  associates,  successors  and  assigns,  .as  a  body  cor- 
porate, or  as  individuals  under  the  said  name  of  the  Musca- 
tine Gas  Light  and  Coke  Company,  or  such  other  name  as 
they  may  hereafter  adopt,  be,  and  are  hereby  authorized  and 
permitted,  and  the  exclusive  privilege  is  hereby  granted  to  the 
said  Muscatine  Gas  Light  and  Coke  Company,  their  associates, 
successors  and  assigns  for  the  term  of  twenty  years  from  the 
passage  of  this  ordinance,  to  use  the  streets,  lanes,  alleys  and 
public  grounds  in  said  city,  including  any  territory  that  may 
be  hereafter  added  to  the  same,  for  the  purpose  of  laying  down 
in  said  streets,  lanes,  and  public  grounds,  pipes  for  conveying 
gas  for  supplying  said  city  and  the  inhabitants  thereof  with 
gas  light.  Provided,  that  said  Muscatine  Gas  Light  and  Coke 
Company,  their  associates,  successors  and  assigns,  in  laying 
down  said  pipes  shall  not  unnecessarily  obstruct  the  passage 
of  said  streets,  lanes,  alleys  and  public  grounds,  and  shall 
within  a  reasonable  time  repair  the  same. 

Sec.  2.  The  privileges  herein  granted  are  upon  the  express 
condition  that  the  said  Muscatine  Gas  Light  and  Coke  Com- 
pany, their  associates,  successors  and  assigns,  shall  on  or  be- 
fore the  first  day  of  April,  A.  D.  1857,  commence  and  within 
six  months  thereafter,  complete  the  erection  of  said  works 
and  apparatus  for  the  manufacturing  of  gas  from  stone  coal, 
or  any  other  material  of  which  gas  is  now,  or  hereafter 
may  be  made,  and  shall  lay  down,  within  the  aforesaid  six 
months,  at  least  one  mile  of  leading  pipe  from  said  gas  works, 
through  the  principal  streets  of  said  city,  and  shall  continue 
thereafter,  to  maintain  their  works  and  extend  their  leading 
pipes  from  time  to  time,  through  such  locations  in  said  city, 
as  the  consumption  of  gas  may  justify,  and  shall  furnish  to 
said  city  for  public  lamps  and  to  the  inhabitants  thereof  for 
private  use,  gas  at  a  rate  not  exceeding  four  and  one-half  dol- 
lars per  one  thousand  cubic  feet.  All  lamp  posts  and  fittings 
for  public  lamps  shall  be  furnished  at  the  expense  of  said  city, 
and  as  many  lamp  posts  as  the  city  may  require,  are  to  be  put 

♦Ordinance  passed  February  25th,  1857.  Only  such  portions  of  this  ordinance  are  given 
as  are  considered  material  in  view  of  the  ordinance  of  renewal,  passed  September  15th,  1877. 


GAS — RENEWAL    ORDINANCE.  6/ 

Up  on  the  pipe  to  be  laid  by  the  Muscatine  Gas  Light  and  Coke 
Company,  their  associates,  successors  and  assigns  aforesaid. 

Sec.  3.  The  gas  to  be  furnished  by  said  Muscatine  Gas 
Light  and  Coke  Company  to  be  of  as  good  quality  as  any  fu_r- 
nished  by  any  other  gas  company  in  the  State,  and  the  City  of 
Muscatine  agrees  to  take  gas  so  furnished  to  the  amount  of 
twenty-five  dollars  per  year  for  each  of  the  aforesaid  city  pub- 
lic lamps,  and  for  the  said  sum  of  twenty-five  dollars  per  lamp 
per  annum,  the  said  Gas  Company  shall  be  compelled  to  fur- 
nish gas  the  same  number  of  hours  that  gas  is  furnished  to 
public  lamps  in  the  City  of  Chicago. 


I 

I 


CHAPTER  XVL 

GAS.     RENEWAL  ORDINANCE. 

An  Ordinance  extending  and  renewing  the  rights  and  privi- 
leges heretofore  granted  to  the  Muscatine  Gas  Light  and 
Coke  Company  for  the  term  of  ten  years,  and  fixing  the 
price  of  Gas  furnished  for  the  use  of  the  City,  and  to  pri- 
vate consumers. 


1.  Rights  and  pi-ivileges  granted  by  for- 
mer ordinance  renewed  and  extended  for 
ten  yearB. 

2.  Additional  conditions  and  restrictions. 


3.  Company  granted  the  right  to  extend 
their  mains. 

4.  Company  retains  property  in  lamps  fur- 
nished by  it. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  exclusive  rights  and  privileges  here- 
tofore granted  to  the  Muscatine  Gas  Light  and  Coke  Com- 
pany, by  ordinances  passed  February  25th,  1857,  are  hereby 
extended,  renewed  aud  confirmed  unto  the  said  Muscatine 
Gas  Light  and  Coke  Company,  with  all  the  obligations  and 
restrictions  therein  contained,  except  as  the  same  are  herein 
modified,  for  an  additional  period  of  ten  years  from  the  first 
day  of  September,  1877,  and  up  to  the  first  day  of  September, 
1887. 

Sec.  2.  That  the  exclusive  privileges  herein  renewed  and 
granted,  are  under  and  upon  the  following  additional  condi- 
tions and  restrictions,  to-wit  : 

1st.  That  the  said  Muscatine  Gas  Light  and  Coke  Com- 
pany, shall  at  once  put  the  eighty-eight  posts,  lamps  and  fit- 
tings now  owned  by  the  city,  in  good  and  proper  order  and 
condition,  and  keep  and  maintain  them  in  such  order  and  con- 
dition, and  repair  or  replace  such  of  them  as  are  broken  or 
destroyed  for  and  during  the  full  term  of  the  grant  herein  re- 


68  ORDINANCES. 

newed  and  extended,  without  any  cost  or  expense  to  the  city. 
The  said  company  shall  furnish  and  keep  in  good  and  proper 
order  and  condition,  all  additional  lamps,  erected  under  the 
authority  of  this  ordinance,  without  expense  to  the  city. 

2d.  The  said  Company  shall  furnish  gas  for  all  the  public 
street  lamps,  and  light  and  extinguish  the  same,  such  lamps 
to  be  lighted  within  thirty  minutes  afcer  sunset,  or  if  the 
moon  be  shining,  and  in  its  first  quarter,  they  shall  be  lighted 
one  hour  before  it  sets,  and  shall  not  be  extinguished  before 
eleven  [ii]  o'clock  P.  M.  The  said  Company  shall  not  be  re- 
quired to  light  said  lamps  on  clear  nights,  when  the  moon 
shall  give  sufficient  light,  up  to  eleven  [i  i]  o'clock,  P.  M.  Pro- 
vided, however,  that  on  dark  and  cloudy  nights,  when  the 
moon  is  too  much  obscured  to  furnish  light,  the  said  lamps 
shall,  if  the  Mayor  so  direct,  be  lighted  and  kept  lighted 
until  eleven  o'clock  P.  M.,  the  hour  herein  fixed  for  their  ex- 
tinguishment. In  such  cases  the  said  company  shall  charge 
therefor,  at  the  rate  of  one  dollar  and  sixty  cents  [$i.6o]  per 
month,  regard  being  had  to  the  length  of  nights  when  such 
extra  lighting  is  done. 

3d.  Each  of  said  lamps  shall  have  a  burner  not  consuming 
less  than  four  cubic  feet  of  gas  per  hour. 

4th.  The  city  shall  pay  one  dollar  and  sixty  cents  per 
month  in  cash  for  each  public  street  lamp,  and  this  shall  be 
full  compensation  to  said  Company  for  all  the  duties  and  obli- 
gations herein  required  from  said  Company  in  respect  to 
said  lamps. 

5th.  The  city  shall  pay  three  dollars  for  each  one  thousand 
cubic  feet  of  gas  consumed  in  its  public  buildings. 

6th.  Private*consumers  shall  not  be  required  to  pay  more 
than  three  dollars  and  sixty  cents  for  each  one  thousand  cubic 
feet  of  gas  consumed  by  them,  when  the  bills  for  the  preced- 
ing month  are  paid  within  five  days  after  its  expiration  ;  if, 
however,  such  bills  are  not  paid  within  five  such  days,  at  the 
office  of  said  Company,  then  the  said  Company  are  empow- 
ered to  charge  and  receive  a  sum  not  exceeding  four  dollars 
per  thousand  cubic  feet  of  gas,  but  in  no  event  shall  meter 
rent  be  charged. 

7th.  Whenever  the  said  Company  shall  excavate  in  any 
street  or  alley  for  the  purpose  of  either  laying  down  gas 
mains  or  service  pipes,  or  making  any  repairs  thereto,  they 
shall  not,  during  the  progress  of  the  work,  unnecessarily  ob- 
struct the  passage  or  proper  use  of  such  street  or  alley,  or 
interfere  with  the  mains  and  pipes  of  the  water  works  com- 
pany, and  they  shall  within  a  reasonable  time  restore  said 
street   to   as   good  condition   as  it  was  before  the  making  of 


GAS. 


69 


such  excavation.  In  all  cases  where  excavations  are  made, 
and  left  open  over  night,  it  shall  be  the  duty  of  the  said  Gas 
Company  to  provide  proper  barriers  or  other  protection 
against  injury  to  persons  or  animals. 

Sec.  3.  The  said  Company  shall  have  the  right  to  exterrd" 
their  mains  beyond  the  present  termini  of  such  mains,  to 
other  portions  of  the  city,  the  inhabitants  or  a  sufficient  num- 
ber of  which,  desire  and  agree  to  take  gas  for  their  own  pri- 
vate use.  When  such  extensions  are  made,  the  city  shall 
burn  not  less  than  two  lamps  at  the  intersection  of  each  and 
every  street  on  and  along  which  such  extensions  are  made,  ex- 
cept on  Front  street.  If  the  mains  shall  be  extended  to  South 
Muscatine  by  way  of  Front  street,  then  along  such  extension 
from  and  beyond  Linn  street,  and  until  reaching  South  Mus- 
catine, street  lamps  shall,  at  the  request  of  the  Council,  be 
placed  by  the  said  Company  at  points  to  be  designated  by  the 
Council,  and  not  greater  than  one  hundred  and  eighty  [180] 
feet  apart.  At  the  crossings  of  all  streets  where  mains  are 
now  laid,  as  well  as  where  they  may  be  hereafter  laid,  there  shall 
not  be  less  than  two  lamps,  diagonally  opposite  to  each  other. 

Sec.  4.  In  all  cases,  where  the  said  Company  shall,  under 
the  provisions  of  this  ordinance,  furnish  and  erect  street 
lamps  at  their  own  expense,  the  property  in  such  lamps  shall 
be  and  remain  in  the  said  Company,  at  the  expiration  of  the 
term  herein  renewed  and  extended. 

Sec.  5.  This  ordinance  shall  be  in  force  and  take  effect  from 
and  after  the  delivery  to  the  Mayor  of  a  written  acceptance  of 
its  terms  and  conditions  by  the  said  Company. 


CHAPTER  XVII. 

GAS. 


An  Ordinance  for   the   protection    of  Public  Lamp  Posts, 
Lamps,  etc. 


1.  Penalty  for  breaking  or  injuring  lamp 
or  lamp  post. 

2.  Penalty  for  climbing  on,  hitching  to,  or 


piling  things  against  lamp  posts. 

3.  Penalty  for  lighting  or  extinguishing 
lamps  without  authority. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  Any  person  who  shall  carelessly  or  wantonly 
break,  deface  or  in  any  way  injure  or  destroy  any  public  lamp 
or  lamp  post,  shall  upon  conviction  thereof,  pay  a  fine  of  not 
more  than  twenty  dollars  for  each  offense,  and  may  also  be 
liable  for  the  expenses  that  may  be  incurred  in  repairing  the 


70 


ORDINANCES. 


injuries  committed,  which  may  be  recovered  in  a  separate 
suit  therefor. 

Sec.  2.  Any  person  who  shall  climb  upon,  or  who  shall 
hitch  any  horse  or  other  animal  to  any  public  lamp  post,  or 
who  shall  hang  or  place  any  goods  or  merchandise  thereon,  or 
place  any  goods  boxes,  wood  or  any  heavy  material  upon  or 
against  the  same,  shall  upon  conviction,  pay  a  fine  of  not 
more  than  twenty  dollars. 

Sec.  3.  Any  person  who  shall,  without  authority,  extinguish 
or  cause  to  be  extinguished  any  of  said  street  lamps,  or  who 
shall  light  or  cause  to  be  lighted  any  of  said  lamps,  shall  be 
fined  in  the  penalty  of  not  more  than  ten  dollars  for 
each  offense. 


CHAPTER  XVIII. 


HEALTH. 


An  Ordinance  in  relation  to  the  Board  of  Health. 


1.  Mayor  and  Aldermen  created  a  Board  of 
Health. 

2.  Mayor,  President,  and  Recorder,  Secre- 
tary. 

3.  May  appoint  health  inspectors. 

4.  Meetings,  how  called. 

5.  May  make  regulations  necessary  for 
health,  etc. 

6.  May  cause  such  regulations  to  be  pub- 
lished in  newspaper.  Publication  legal  no- 
tice of  the  regulation. 

7.  Enumeration  of  powers  of  the  Board  of 
Health. 

8.  Notice  of  abatement  of  nuisance,  what 
to  contain,  and  how  and  on  whom  served. 
Expenses  of  such  abatement  may  be  re- 
covered by  civil  action,  when. 

9.  Duties  of  Marshal,  Health  Inspector, 
etc. 


10.  Board  to  keep  correct  amount  of  ex- 
penses, and  full  report  to  be  made  to  the 
Council  monthly,  properly  certified.  If  ap- 
proved, warrant  to  issue  for  the  payment  of 
expenses. 

11.  The  owner  or  occupant  of  premises  to 
keep  the  same  free  from  anything  injurious 
to  health.  Must  comply  with  order  of  the 
Board.    Penalty. 

12.  Board  to  examine  slaughter  houses, 
etc.,  and  report  violations  of  ordinances, 
names  of  witnesses,  etc. 

13.  Physicians  to  report  to  Board  all  cases 
of  contagious  disease. 

14.  Persons  having  infectious  diseases  to 
keep  closely  confined.  Notices  of  such 
disease  may  be  posted  on  house.     Penalty. 

15.  Requirements  of  Board  to  be  obeyed. 
Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  Mayor  and  Aldermen  shall,  ex  o^cio 
constitute  a  Board  of  Health  for  the  city. 

Sec.  2.  The  Mayor  shall  be  ex  officio  President  of  the 
Board  of  Health,  and  the  Recorder  shall  be  ex  officio  its 
Secretary. 

Sec.  3.  The  Board  of  Health  shall,  when  they  may  deem 
it  advisable,  appoint  one  or  more  Health  Inspectors  for  the 
city,  who  shall  hold  their  office  at  the  pleasure  of  the  Board, 


r 


I 


HEALTH.  71 

and  shall  discharge  such  duties  as  may  be  required  of  them  by 
the  Board. 

Sec.  4.  The  first   session  of  the  Board  shall  be  held  at  the 
call  of  the  Mayor,  and  its  subsequent  sessions  at  such  lirnes_ 
as  it  may  designate,  or  at  the  call  of  the  President. 

Sec.  5.  The  Board  of  Health  shall  have  the  power  to  make 
such  regulations  as  it  shall  deem  necessary  for  the  public 
health  and  safety,  respecting  nuisances,  sources  of  filth  and 
cause    of  sickness  within  the  city. 

Sec.  6.  When  the  Board  shall  make  any  regulation  in  regard 
to  the  health  or  cleanliness  of  the  city,  it  shall  cause  a  cop)^ 
of  such  regulation,  duly  attested  by  the  Secretary,  to  be  pub- 
lished in  some  newspaper  of  the  city  for  the  space  of  one 
week.  Such  publication  shall  be  deemed  legal  notice  to  all 
persons  of  the  regulation  so  made  by  the  Board. 

Sec.  7.  The  Board  of  Health  are  empowered  : 

1st.  To  exercise  a  general  sanitary  supervision  over  the  City 
of  Muscatine,  and,  to  that  end,  may  adopt  such  measures  as 
will  promote  the  cleanliness  and  health  of  the  city. 

2d.  To  cause  the  abatement  of  nuisances,  of  every  sort,  in 
any  manner  prejudicial  to  health,  on  private  property  as  well 
as  on  public  property. 

3d.  To  notify  the  owner  or  occupant  of  any  lot  or  parcel  of 
ground,  on  which  any  nuisance  or  cause  of  sickness  exists,  or 
is  found,  to  remove  the  same,  at  his  own  expense,  within  such 
time  as  they  may  deem  reasonable. 

4th.  To  require,  by  general  regulation  or  otherwise,  the 
owners  or  occupants  of  any  property  abutting  on  any  alley  or 
lane,  to  cleanse  said  alley  and  to  remove  therefrom  any  filth 
or  cause  of  sickness,  within  such  time  as  they  may  prescribe. 

5th.  To  m.ake  such  regulations  and  orders  as  they  may  deem 
prudent  and  advisable  in  regard  to  the  cleansing  of  drains, 
sewers,  and  other  passages  for  the  discharge  of  water  within 
the  city. 

6th.  To  make  such  regulations  and  use  such  precautions  as 
in  their  judgment  will  prevent  the  introduction  into  the  city 
of  any  malignant,  infectious  or  contagious  disease,  and  to  es- 
tablish hospitals  or  pest  houses,  when  they  shall  deem  it  nec- 
essary to  prevent  the  spread  of  any  infectious  or  contagious 
disease. 

7th.  To  cause  any  person  sick  with  any  contagious  or  in- 
fectious disease,  who  has  no  fixed  habitation  of  his  own  in 
the  city,  to  be  removed  to  such  hospital  or  pest  house,  or 
some  other  retired  place,  unless  such  person  is  able  and  can 
obtain  care  and  treatment  elsewhere  at  his  own  expense.     If 


72  ORDINANCES. 

the  condition  of  any  person,  sick  with  any  such  disease,  is 
such,  that,  in  the  opinion  of  the  Board,  his  removal  would  be 
attended  with  danger,  the  Board  shall  make  such  disposition 
of  him  as  will  secure  to  him  proper  and  humane  treatment 
and  attention,  and  at  the  same  time,  prevent,  as  far  as  they 
can,  the  spread  of  the  disease  from  which  he  is  suffering. 

8th.  To  make  such  regulations  and  restrictions  in  regard 
to  communication  or  intercourse,  by  and  with  all  houses, 
tenements,  or  other  places,  and  the  persons  occupying  the 
same,  in  which  there  shall  be  any  person  sick,  with  any  con- 
tagous,  malignant,  or  infectious  disorder,  as  they  shall  deem 
necessary  and  proper. 

9th.  To  employ  such  persons  as  they  may  deem  necessary 
to  carry  into  effect  the  regulations  adopted  and  published  by 
the  Board,  in  pursuance  of  the  powers  given  them  by  this  or- 
dinance, or  by  any  act  of  the  Legislature  in  relation  to  health. 

Sec.  8.  The  notice  referred  to  in  sub-division  3,  of  the 
preceding  section,  shall  describe  with  ordinary  certainty,  the 
nuisance,  or  cause  of  sickness,  the  removal  of  which  is  therein 
required,  and  shall  be  served  by  the  Marshal,  or  any  police 
officer,  or  by  any  constable,  in  the  way  that  notices  are 
served  in  civil  actions.  If  the  owner  or  occupant  fails  to  re- 
move such  nuisance  within  the  time  required  in  such  notice, 
he  shall  be  liable  to  a  penalty  of  not  more  than  twenty-five 
dollars,  for  every  day  during  which  he  knowingly  permits 
such  nuisance  or  cause  of  sickness  to  remain  after  the  time 
prescribed  for  the  removal  thereof,  and  if  the  Board  shall 
cause  such  nuisance  or  cause  of  sickness  to  be  abated  or  re- 
moved, the  expenses  of  such  removal  may  be  recovered  in  an 
action  against  either  the  owner  or  the  occupant,  as  either  may 
have  been  served  with  the  notice  to  remove,  or  against  both, 
if  both  were  served  with  such  notice. 

Sec.  9.  It  shall  be  the  duty  of  the  Marshal,  Health  Inspec- 
tor, and  such  members  of  the  police  as  the  Board  of 
Health  may  direct,  to  attend  meetings  of  the  Board  of 
Health,  and  to  serve  all  precepts  and  notices  issued  by  said 
Board  or  any  member  thereof,  signed  by  the  President  and 
attested  by  the  Secretary  thereof  ;  to  execute  all  orders  of  the 
Board  directed  to  them  ;  to  attend  to  the  abatement  or  re- 
moval of  all  nuisances,  and  to  perform  such  other  duties  in 
relation  to  nuisances,  as  the  Board  may  direct  ;  and  as  often, 
and  in  such  manner,  as  may  be  required  of  them,  to  examine 
the  condition  of  all  streets,  lanes,  avenues,  alleys,  market 
places  and  public  squares,  and  private  yards  of  the  city,  and 
to  report  to  said  Board,  or  any  member  thereof,  all  nuisaijces 
found    therein  ;   to  notify  persons    upon  whose  premises,  or 


I 


HEALTH.  73 

premises  occupied  by  them,  any  nuisance  may  exist,  to  re- 
move the  same,  and  {(  it  be  not  removed  forthwith,  to  make  a 
report  thereof  in  writing  to  said  Board,  or  any  member 
thereof;  to  visit,  at  least  once  a  week,  and  oftener,  when  re- 
quired by  said  Board,  or  any  member  thereof,  every  part  of' 
the  city  ;  to  arrest  any  person  found  violating  any  city  ordi- 
nance which  relates  to  the  sanitary  regulations  of  the  city  ; 
and  to  arrest  persons  throwing,  or  permitting  to  be  thrown, 
from  their  premises  into  their  yards,  or  into  any  street  or 
alley,  any  filth  or  other  matter  prohibited  by  the  ordinances 
of  the  city,  or  the  regulations  of  the  Board  of  Health  ;  and 
in  other  respects  to  exercise  the  utmost  diligence  in  enforc- 
ing the  ordinance  in  regard  to  the  health  of  the  city. 

Sec.  io.  The  Board  of  Health  shall  keep  a  correct  and  full 
account  of  all  expenses  incurred,  with  whom,  and  on  what 
account,  and  whether  payable  by  the  city  or  by  individuals, 
and  a  like  account  of  all  monies  expended,  to  whom  paid, 
and  on  what  account,  and  shall,  at  the  end  of  every  month, 
render  to  the  City  Council  an  account  of  all  expenses  that 
may  have  occurred  under  their  authority,  and,  upon  the  Board 
certifying  to  the  correctness  of  the  same,  and  the  same  being 
approved  by  the  City  Council,  a  warrant  shall  issue  therefor, 
payable  out  of  any  money  not  otherwise  appropriated. 

Sec.  II.  The  owner  or  occupant  of  every  lot  or  building, 
or  any  appurtenances  thereof,  shall  keep  every  part  thereof 
free  from  filth  or  anything  offensive  to  the  neighborhood 
about  the  same,  likely  to  contribute  to  disease  or  infection,  or 
which  is  prohibited  by  the  Board  of  Health  ;  and  upon  fail- 
ure to  do  so,  it  is  hereby  made  the  duty  of  the  City  Marshal 
or  Health  Inspector,  upon  complaint,  inspection,  or  order  of 
the  Board  of  Health,  immediately  to  give  notice  to  the  owner 
or  occupant  thereof,  and  require  him  to  do  such  act  as  the 
said  officer,  under  the  direction  of  the  Board  of  Health,  shall 
deem  necessary  for  the  health  of  said  city,  and  in  case  of  fail- 
ure to  comply  with  such  requirements  for  the  space  of  twelve 
hours,  said  officer  is  required  and  empowered  to  do  such  acts 
himself,  keeping  a  correct  account  of  all  the  expenses  of  the 
same,  for  all  of  which  expenses  said  owner  or  occupant  shall 
be  liable,  and  may  be  fined  for  a  violation  of  the  provisions  of 
this  ordinance. 

Sec.  12.  Said  Board  of  Health  shall,  from  time  to  time, 
cause  every  slaughter  house  and  yard,  or  other  place  where 
animals  are  slaughtered  in  the  city,  to  be  entered  and  ex- 
amined, and  a  report  made  of  any  violation  of  any  ordi- 
nances in  relation  thereto,  such  report  to  be  accompanied  by 
a  list  of  names  of  the  witnesses  by  whom  the  facts  contained 
in  such  report  are  expected  to  be  proven. 

IO 


74  ORDINANCES. 

Sec.  13.  It  shall  be  the  duty  of  every  physician  in  the  city 
to  report  to  the  Board  of  Health  every  case  of  ship  fever, 
cholera  or  small  pox,  or  other  contagious  or  infectious  disease 
he  may  be  called  upon  to  attend  within  the  city  limits,  or 
within  five  miles  of  the  same,  within  twelve  hours  after  he 
shall  have  examined  the  patient,  with  the  location  of  the  house, 
and  name  of  occupants  and  street. 

Sec.  14.  All  persons  having  ship  fever,  small  pox,  or  other 
contagious  or  infectious  disease,  in  the  city,  who  refuse  to  go, 
or  can  not  be  taken  therefrom  to  the  hospital  or  pest  house, 
are  hereby  required  to  keep  closely  confined  within  their  re- 
spective dwellings  or  places  of  abode  ;  and  the  Board  of 
Health  may  cause  suitable  notices,  with  the  name  or  charac- 
ter of  the  disease,  printed  or  written  in  large  letters  thereon, 
to  be  posted  up  in  the  most  conspicuous  place,  on  ornear  such 
dwelling  or  place  of  abode,  in  which  such  contagious  or  in- 
fectious disease  exists,  and  require  of  the  occupants  thereof, 
to  maintain  such  notices  there,  until,  in  the  opinion  of  the 
Board  of  Health,  they  may  be  safely  discontinued  ;  and  any 
person  failing  to  comply  with  any  of  the  requirements  of  this 
section,  shall  forfeit  and  pay  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

Sec.  15.  All  persons  are  required  to  obey  the  ordinances, 
precepts,  regulations  and  requirements  of  said  Board  ;  and 
whoever  shall  fail,  refuse  or  neglect  so  to  do,  shall  be  guilty  of 
a  misdemeanor,  and  fined  not  less  than  one  nor  more  than  one 
hundred  dollars. 


CHAPTER  XIX. 

HEALTH.     MANURE. 


An  Ordinance  prohibiting  the  throwing  of  Manure  in  the 
streets  and  alleys,  and  directing  how  it  shall  be  dis- 
posed of. 


1.  Manure  must  not  be  thrown  in  streets, 
alleys  or  on  sidewalk. 

2.  Must  he   placed  in  tight  vessel.    Re- 


moval.    Size  of  box  and  how  placed. 

3.  Penalty.    Manure,  how  to  be  used  for 
gardening  purposes. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  No  person  shall  be  permitted  to  throw  or  de- 
posit in  any  street  or  alley,  or  other  public  thoroughfare,  or 
upon  any  sidewalk,  or  any  premises  he  or  she  is  occupying, 
any  manure  of  any  kind. 


INSPECTORS   AND    MEASURERS. 


75 


Sec.  2.  Such  manure  shall  be  thrown  or  deposited  in  a 
tight  box  or  other  tight  vessel,  and  unless  removed  by  the 
person  depositing  or  causing  it  to  be  so  deposited,  from  the 
city,  it  shall  be  placed  by  him  as  often  as  may  be  required  by 
the  Marshal  or  other  proper  officer  of  the  city,  in  some  con- 
venient place,  where  it  may  be  removed  by  the  city  authori- 
ties, if  the  city  shall  decide  to  remove  the  same,  but  unless 
the  city  does  so  decide  to  remove  it,  it  shall  be  the  duty  of 
the  party  himself  to  remove  it  once  a  week,  or  as  often  as  the 
box  may  become  filled.  Such  box  or  vessel  shall  not  exceed 
three  feet  in  width,  six  feet  in  length,  and  four  feet  in  height, 
and  may  be  placed  in  the  alley,  but  in  no  case  shall  it  be 
so  placed  as  to  interfere  with  the  passage  of  the  alley. 

Sec.  3.  Any  persons  guilty  of  violating  the  provisions  of 
this  ordinance  shall,  on  conviction  thereof,  for  every  such 
offense,  pay  a  fine  of  not  more  than  one  hundred  dollars. 
Provided,  however,  that  this  ordinance  shall  not  prevent  the 
manuring  of  gardens  in  the  usual  manner,  the  manure  to  be 
so  mixed  with  the  dirt  as  to  cause  no  stench  or  smell  to  arise. 


CHAPTER  XX. 


INSPECTORS  AND  MEASURERS. 


5.  Fees  for  measurement. 

6.  To  be  weigher  of  hay  scales  ;    when 
scales  provided  by  the  city. 

7.  Weight  of  ton  of  hay,  and  of  bushel  of 
stone  coal. 


An  Ordinance  relating  to  Inspectors  and  Measurers. 

1.  Office     of    Inspector     and     Measurer 
created.    Duties. 

2.  Term  of  office. 

3.  Expense  to  be  borne  by  the  owner  of 
lumber  brought  to  the  city  for  sale. 

4.  Wood,    lumber   and  timber   must   be 
measured,  when.    Penalty. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  there  is  hereby  created  the  office  of  In- 
spector and  Measurer,  whose  duty  it  shall  be  to  inspect  lum- 
ber, shingles  and  lath,  which  he  may  classify,  using  the  terms 
first,  second  and  third  qualities  ;  to  measure  lumber,  timber, 
logs,  wood  and  lath,  and  to  weigh  stone-coal  and  hay  sold  in 
the  city  ;  and  to  give  his  certificate  stating  the  quantity  or 
quality,  or  both,  as  the  case  may  require. 

Sec.  2.  He  shall  hold  his  office  for  the  term  of  one  year  and 
until  his  successor  is  appointed  and  qualified,  unless  sooner 
removed  by  the  Council.  Before  entering  upon  the  duties  of 
his  office,  he  shall  take  and  subscribe  an  oath  or  affirmation 
that  he  will  faithfully  and  impartially  discharge  the  duties  of 
his  office  to  the  best  of  his  ability. 


y6  ORDINANCES. 

Sec.  3.  All  boards,  planks,  scantling,  joists  and  square 
timber  of  every  kind,  brought  to  this  city  by  water  and  sold, 
shall  be  placed,  assorted  and  handled  for  measurement,  by  the 
owner  thereof,  or  at  his  expense,  by  persons  employed  by 
the  Measurer,  unless  it  be  otherwise  agreed  by  the  parties 
to  a  sale. 

Sec.  4.  No  person  shall  sell  wood,  lumber  or  timber  in  the 
city,  without  having  it  measured  by  the  Measurer,  if  the  pur- 
chaser requires  it  at  the  time  of  the  purchase,  or  before  de- 
livery, and  if  the  Measurer  be  able'to  perform  his  duty.  For 
a  violation  of  this  provision,  the  seller  shall  forfeit  to  the  city 
any  sum  not  exceeding  ten  dollars. 

Sec.  5.  The  Measurer  shall  be  entitled  to  demand  and  re- 
ceive from  the  seller  the  following  rates  of  pay  :  For  measuring, 
any  quantity  of  wood,  less  than  two  cords,  ten  cents  ;  for 
measuring  any  quantity  not  less  than  two  nor  more  than  five 
cords,  five  cents  per  cord  ;  for  measuring  any  quantity  above 
five  cords,  three  cents  per  cord  ;  and  for  each  thousand  feet  or 
less  of  lumber  or  timber  measured  and  inspected,  ten  cents  ; 
and  for  each  thousand  feet  or  less  of  logs  scaled  or  measured, 
five  cents  ;  and  for  each  thousand  of  shingles  or  lath  inspected, 
two  cents  ;  to  be  paid  by  the  seller. 

Sec.  6.  When  hay  scales  shall  have  been  provided  by  the 
city  for  the  public  use,  the  above  officer  shall  perform  the  duty 
of  weigher.  He  shall  have  charge  of  the  scales  and  keep 
them  in  repair,  and  when  called  upon  for  that  purpose,  shall 
attend  to  the  weighing  of  hay  and  stone-coal,  and  give  his 
certificate  of  the  number  of  pounds  of  hay,  or  bushels  of 
coal,  as  the  case  may  be. 

Sec.  7.  In  weighing,  he  shall  allow  two  thousand  pounds 
for  a  ton,  and  eighty  pounds  for  a  bushel  of  stone-coal.  His 
compensation  for  weighing  shall  be  fixed  by  common  order 
of  the  Council. 


TAIL. 


77 


CHAPTER  XXI. 


JAIL. 


An  Ordinance  in  relation  to  the  Jail  and  Work  House. 


6.  No  outside  person  permitted  to  enter 
work  house  without  permission  from  the 
Mayor  or  Police  Judge;  communication 
with  prisoners  not  allowed.  Loitering  on 
outside  of  prison,  how  punished. 

7.  Keeper  of  Jail  to  keep  a  record  of  all 
persons  confined  therein.  What  it  shall 
contain. 

8.  OfHcer  in  charge  of  work  house  to  keep 
an  account  of  materials  received  and  the 
disposition  made  of  them;  to  take  care  of 
tools  and  implements. 


1.  County  jail  declared  city  prison. 

2.  Jail  yard  declared  city  work  huuse. 

3.  Pert»ons  committed  to  prison  for  viola- 
tion of  oidinances  or  non-payment  of  fines, 
may  be  sentenced  to  work  at  hard  labor  in 
work  house.  Credit  allowed  for  each  day's 
labor. 

4.  Council  to  appoint  some  person  to  take 
charge  of  persons  confined  in  work  house. 
Such  person  to  be  a  member  of  the  police 
force.    Tools  and  materials,  how  furnished. 

5.  Duty  of  person  having  charge  in  regard 
to  attempts  to  escape.  Refusal  to  perform 
labor,  how  punished. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  County  Jail  in  the  City  of  Muscatine, 
shall  be  used  as  a  prison  for  the  confinement  of  persons  duly 
committed  for  any  cause  authorized  by  the  ordinances  of 
the  city. 

Sec.  2.  The  yard  or  enclosure  adjacent  to  the  Jail,  is  hereby 
declared  the  City  Work  House. 

Sec.  3.  Any  able-bodied  male  person,  over  the  age  of  six- 
teen years,  and  not  over  fifty,  committed  to  prison  for  the 
violation  of  any  of  the  ordinances  of  the  city,  whether  for 
non-payment  of  fine  or  otherwise,  may,  by  the  Court  pro- 
nouncing the  sentence,  be  required  to  work  at  hard  labor,  in 
said  Work  House,  during  the  whole  time  of  his  sentence. 
Such  imprisonment  shall,  however,  in  no  case,  exceed  thirty 
days,  and  for  every  day's  labor,  of  eight  hours  per  day,  per- 
formed by  such  person,  there  shall  be  credited  on  the  judg- 
ment for  fine  and  costs  against  him,  (if  committed  for  non- 
payment of  such  fine)  the  sum  of  one  dollar  and  fifty  cents. 

Sec.  4.  The  Council  shall  appoint  some  person  who  shall, 
for  the  purposes  of  this  ordinance,  be  deemed  a  member  of  the 
police  force,  whose  duty  it  shall  be,  when  there  are  one  or  more 
persons  under  sentence  to  perform  labor,  in  pursuance  of  this 
ordinance,  to  attend  at  the  City  Work  House,  to  see  that  the 
prisoners  properly  and  diligently  perform  the  labor  required 
of  them  by  this  ordinance  ;  to  conduct  them  to  and  from  the 
jail,  and  to  assign  to  each  prisoner  the  labor  required  of  him. 
No  tools  or  materials  for  such  labor  shall  be  furnished  except 
by  the  special  direction  of  the  City  Council. 


yS  ORDINANCES. 

Sec.  5-  The  person  appointed  to  take  charge  of  prisoners, 
for  the  purpose  specified  in  this  ordinance,  may  use  such 
means  as  are  necessary  and  proper  to  prevent  escapes,  and  if 
any  prisoner  attempts  to  escape,  while  under  his  charge,  or 
if  any  prisoner  refuses  to  perform  the  labor  assigned  to  him, 
the  person  having  such  prisoner  in  charge,  and  to  prevent  a 
repetition  of  any  further  attempts  to  escape,  if  after  proper 
investigation  the  officer  is  satisfied  that  the  refusal  to  labor  is 
due,  not  to  physical  indisposition,  but  to  a  refractory  and  turbu- 
lent spirit,  he  may  use  the  means  authorized  by  Section  4734  of 
the  Code  ;  such  punishment,  however,  shall  be  inflicted  within 
the  jail.  The  time  that  is  taken  up  by  such  punishment  shall 
not  be  considered  as  any  part  of  the  term  for  which  such 
prisoner  was  sentenced,  pi'ovided,  however,  that  in  no  case 
shall  the  imprisonment  exceed  thirty  days. 

Sec.  6.  The  person  or  officer  appointed  to  take  charge  of 
such  prisoners,  and  superintend  their  labor,  shall  permit  no 
person  to  enter  the  Work  House  or  yard  while  they  are  at 
work,  unless  such  person  have  permission  from  the  Mayor  or 
Police  Judge  ;  nor  shall  he  suffer  any  one  to  have  any  com- 
munication with  them  while  at  work,  or  in  going  to  or  re- 
turning therefrom.  No  person  shall  be  permitted  to  loiter 
about  on  the  outside  of  said  Work  House,  and  any  one  from 
the  outside  who  shall  make  insulting  and  opprobrious  re- 
marks, about  the  prisoners  laboring  therein,  loud  enough  for 
them  to  hear  what  is  said,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  fined  any  sum 
not  exceeding  twenty-five  dollars. 

Sec.  7.  It  shall  be  the  duty  of  the  keeper  of  the  jail  to 
keep  a  record  of  all  persons  received  by  him,  by  whom  ar- 
rested, when  arrested,  for  what  offense,  for  what  time  com- 
mitted, and  the  date  of  their  discharge,  and  shall  keep  a 
correct  statement  of  the  money,  and  other  valuables  which 
may  be  taken  from  any  person  on  being  brought  to  the  jail. 

Sec.  8.  The  person  appointed  to  take  charge  of  such  priso- 
ners shall  keep  an  account  of  the  materials  received  at  the 
enclosure  where  work  is  performed,  and  the  disposition  of 
the  same,  and  shall  take  due  and  proper  care  of  the  tools  and 
implements  used  therein. 


LICENSES.      AUCTIONEERS.  79 

CHAPTER  XXII. 


LICENSES.     AUCTIONEERS. 


5.  Non-residents  bringing  or  sending 
goods  to  be  sold  at  auction,  to  obtain  per- 
mits for  such  sales  from  the  Mayor.  Cost  of 
such  permits. 

6.  Any  one  making  such  sales,  except 
regularly  licensed  auctioneers,  must  obtain 
permits. 

7.  Who  shall  be  regarded  as  non-reisi- 
dents,  and  what  they  must  do  to  make  sales 
at  auction.    Penalty. 


An  Ordinance  in  relation  to  Auctioneers,  and  persons  bring- 
ing goods  into  the  city  to  be  sold  at  auction. 

1.  Auctioneers  must  take  out  license. 

2.  License  will  not  authorize  the  carrying 
on  the  auction  business  at  more  than  one 
place  at  the  same  time.  When  auctioneers 
may  sell  elsewhere.  Judicial  and  trust 
sales  not  embraced  by  ordinance. 

3.  Penalty  for  violating  two  preceding  sec- 
tions. 

4.  Public  auction  in  the  streets  not  al- 
lowed without  permit  from  the  Mayor,  Pen- 
alty. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  be  permitted  to  carry  on 
the  business  of  an  Auctioneer  within  the  limits  of  the  city, 
without  first  having  obtained  a  license  therefor.  Any  person 
desiring  such  license  shall  pay  to  the  City  Treasurer  the  sum 
of  fifty  dollars,  who  shall  thereupon  deliver  to  such  applicant 
duplicate  receipts.  One  of  the  receipts  shall  be  deposited 
with  the  Mayor.  Upon  such  receipt  being  deposited  with 
him,  the  Mayor  shall  order  a  license  to  issue  to  the  applicant, 
which  shall  be  in  force  for  the  period  of  one  year  from  its  date. 

Sec.  2.  No  license  issued  under  the  provisions  of  this  or- 
dinance, shall  authorize  the  carrying  on  of  the  auction  busi- 
ness in  this  city  at  more  than  one  place  at  the  same  time. 
Nothing  herein  contained  shall,  however,  be  construed  as  pre- 
venting or  prohibiting  a  regular  licensed  auctioneeV  from  sell- 
ing at  public  sale,  household  goods,  furniture,  or  other  like 
property,  at  the  residence  of  the  owner  of  the  same,  or  real 
estate  where  the  same  is  situated.  Nor  shall  the  provisions 
of  this  apply  to  judicial  sales,  or  sales  made  under  any  order 
of  court ;  or  by  virtue  of  any  mortgage  or  trust  deed  ;  or  sales 
made  by  an  executor  or  guardian,  or  other  person  discharg- 
ing the  duties  of  a  trust  imposed  by  law. 

Sec.  3.  Any  person  violating  the  provisions  of  the  two 
preceding  sections,  shall  on  conviction  thereof,  pay  a  fine  of 
twenty  dollars  for  each  offense. 

Sec.  4.  No  person  shall  hold  a  public  auction  in  the  streets 
of  this  city,  without  a  special  written  permit  from  the  Mayor. 
Any  person  violating  the  provisions  of  this  section,  shall,  on 
conviction  thereof,  pay  a  fine  of  not  less  than  five  dollars  for 
each  offence. 


80  ORDINANCES. 

Sec.  5.  Any  person,  not  an  actual  and  bona-fide  resident  of 
the  City  of  Muscatine,  who  is  desirous  of  selling  goods, 
wares  and  merchandise  at  auction,  of  which  he  is  the  owner, 
or  over  which  he  has  the  management  and  control,  shall,  be- 
fore undertaking  to  make  such  sales,  pay  to  the  Treasurer  the 
sum  of  ten  dollars,  on  the  payment  of  which  the  treasurer 
shall  execute  receipts  in  duplicate,  one  of  which  shall  be  given 
to  and  left  with  the  Mayor.  The  Mayor  shall  thereupon  give 
a  permit  in  writing,  authorizing  said  goods  to  be  sold  at 
auction  for  the  period  of  ten  days  from  the  date  of  such  per- 
mit. Such  permits  may  be  renewed  for  like  or  shorter  periods, 
not  less,  however,  than  five  days  in  the  same  manner  and  at 
the  same  rates. 

Sec.  6.  Any  person  may  act  as  auctioneer  in  the  sale  of 
goods,  wares,  etc.,  referred  to  in  section  5  hereof,  who  has 
obtained  a  license  under  section  one  of  this  ordinance  ;  or  if 
he  has  not  obtained  such  license,  who  will  pay  to  the  City 
Treasurer  at  the  rate  of  three  dollars  per  day  for  each  and 
every  day  he  offers  to  sell  such  goods  at  public  auction,  and 
procure  from  the  Mayor  a  written  permit,  to  sell  for  the  num- 
ber of  days  for  which  he  has  paid  at  the  rate  herein  men- 
tioned. No  person,  whether  the  owner  or  otherwise,  shall  act 
as  auctioneer  in  the  sale  of  said  goods,  who  shall  not  first 
have  obtained  a  license  or  permit  as  herein  required. 

Sec.  7.  All  non-resident  owners,  transient  merchants,  or 
others,  who  may  bring  here  or  consign  to  others,  residing 
or  engaged  in  business  here,  goods,  wares  or  merchandise,  for 
the  purpose  of  having  the  same  sold  at  auction,  shall,  for  the 
purposes  of  this  ordinance,  be  regarded  as  non-residents,  and 
be  required  to  obtain  a  license  or  permit,  as  provided  by  the 
5th  section  thereof. 

Sec.  8.  Any  person  selling  or  offering  to  sell,  in  violation 
of  the  provisions  of  sections  5  and  6  hereof,  shall,  on  convic- 
tion thereof,  pay  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Sec.  9.  No  auctioneer,  coming  here  especially  to  sell  a 
stock  of  goods,  or  other  personal  property,  shall  be  permitted 
to  sell  the  same  at  auction,  unless  he  has  previously  taken 
out  a  license  or  permit,  as  required  by  this  ordinance,  or  unless 
he  has  been  employed  actually  and  in  good  faith,  by  a  resi- 
dent auctioneer,  to  aid  him  in  making  such  sales.  Any  per- 
son undertaking  to  sell  such  goods  or  property  at  auction, 
without  such  permit  or  license,  or  without  being  so  employed, 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  more  than 
twenty-five  dollars.  And  any  resident  auctioneer,  who  shall 
attempt  to  abuse  the  privilege  given  by  his  license,  or  be  in- 


LICENSES.  8 1 

strumental  in  evading  the  provisions  of  this  ordinance,  by 
knowingly  suffering  any  one  to  sell  at  auction,  such  goods  or 
property,  on  the  pretence  that  the  one  so  selling  is  in  his 
employment,  when  no  such  employment  exists  in  fact,  or 
is  merely  colorable,  shall,  on  conviction  thereof,  be  fined  in-a 
sum  not  exceeding  one  hundred  dollars,  and  the  Council  may, 
in  addition  thereto,  if  it  sees  proper,  revoke  his  license. 


CHAPTER  XXIII. 

LICENSES. 


An  Ordinance  in  relation  to  the  selling  of  Wine  and  Beer, 
and  regulating  the  sale  thereof 


1.  License  must  be  obtained. 

2.  City  Council  may  grant  license. 

3.  Applicant  for  license   must    pay    and 
give  bond. 

4.  Licenses  must  be  issued  under  the  seal 
of  the  city.    When  assignable. 


5.  Holders  of  license    not   permitted    to 
sell  on  Sunday. 

6.  When  license  may  be  revoked. 

7.  Riotous  noises.   To  whom  must  not  sell, 

8.  Time  saloons  must  be  closed. 

9.  Council  have  power  to  revoke  license. 


I 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  sell,  or  keep  a  saloon, 
house,  room,  or  other  place,  for  the  sale  of  wine  or  beer, 
within  the  City  of  Muscatine,  without  first  obtaining  a 
license  therefor,  as  hereinafter  directed.  And  this  prohibi- 
tion shall  cover  and  include  all  retail  traffic  in  said  liquors, 
and  each  of  them.  And  any  person  violating  any  provision 
of  this  section  shall  be  liable  and  subject  to  a  penalty  of  not 
less  than  ten,  nor  more  than  one  hundred  dollars,  for  each 
and  every  such  offence. 

Sec.  2.  The  City  Council  of  the  City  of  Muscatine  may 
grant  licenses  for  the  sale,  within  said  city,  of  the  liquors 
named  in  the  first  section  of  this  ordinance,  in  the  manner, 
and  subject  to  the  restrictions  and  reservations,  hereinafter 
set  forth.  But  no  license  shall  be  granted  for  a  longer  period 
than  one  year,  from  the  date  of  such  grant,  and  all  such 
licenses  shall  expire  on  the  first  day  of  April  next  after  the 
granting  and  issuing  the  same.  And  all  such  licenses  shall, 
at  all  times,  be  subject  to  revocation  as  hereinafter  provided. 

Sec.  3.  Any  person  applying  for  a  license  for  the  sale  of 
the  liquors  named  in  the  first  section  hereof,  or  any  of  them, 
for  the  term  of  one  year,  shall  pay  into  the  treasury  of  said 
city  the  sum  of  fifty  dollars,  and  the  City  Treasurer  shall  give 
him  a  receipt  for  the  same,  which  receipt  shall  be  presented 
by  such  applicant  to  the  City  Council,  with    his   application 

II 


82  ORDINANCES.  ' 

for  such  license  ;  and  in  case  the  application  be  rejected,  the 
money,  or  sum  paid  by  the  applicant,  into  the  City  Treasury, 
shall  be  refunded  to  him.  Every  such  application  shall  be  in 
writing,  and  signed  by  the  applicant,  and  the  same  shall  also 
be  signed  by  at  least  twenty  citizen  tax-payers  of  the  city. 
The  applicant  shall  also  execute  unto  said  city,  and  deliver  to 
the  City  Council,  a  bond,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  City  Council,  in  the  penal  sum  of  three  hun- 
dred dollars,  conditioned  that  said  applicant  and  licensee 
shall  well  and  truly  observe  the  conditions  and  requirements 
of  this  ordinance,  and  pay  all  penalties  by  him  incurred 
under  the  same.  In  case  of  application  for  such  license  for  a 
shorter  period  than  one  year,  the  sum  to  be  paid  into  the  City 
Treasury,  as  above  provided,  shall  be  determined  by  the 
City  Council,  but  the  same  shall  not  exceed  fifty  dollars,  nor 
shall  it  be  less  than  at  the  rate  of  fifty  dollars  per  year. 

Sec.  4.  Licenses  granted  under  this  ordinance  shall  be 
issued  under  the  seal  of  the  City  of  Muscatine,  signed  by  the 
Mayor,  and  attested  by  the  City  Recorder  ;  and  each  license 
shall  name  and  specify  the  building,  room  or  place,  at  which 
the  licensee  is  authorized  to  conduct  his  business,  and  sell 
said  liquors.  And  such  license  shall  not  be  construed  to  cover 
or  extend  to  any  other  building,  room  or  place  than  that 
named  therein,  nor  shall  such  license  be  assigned  by  the 
licensee  named  therein,  except  by  permission  of  the  City  Coun- 
cil first  had  and  obtained,  and  duly  entered  of  record  among 
the  proceedings  of  said  Council. 

Sec.  5-  If  ^ny  person  holding  such  license  shall  sell  on 
Sunday,  or  permit  to  be  sold  on  Sunday,  by  his  clerk,  agent, 
or  employee,  any  of  the  liquors  named  in  the  first  section  of 
this  ordinance,  he  shall  be  liable  and  subject  to  a  penalty 
of  not  less  than  one  nor  more  than  five  dollars  for  each  and 
every  such  offence. 

Sec.  6.  If  any  person  holding  such  license  shall  permit  or 
suffer  any  carousals,  fighting,  quarreling  or  riotous  noise  at 
his  place  of  business,  or  shall  permit  any  gambling,  or  sell,  or 
permit  to  be  sold,  any  of  said  liquors  to  any  insane  person, 
idiot,  habitual  drunkard,  or  intoxicated  person  ;  and  if  such 
licensee  shall  permit  minors  to  spend  their  time  drinking  or 
tippling  at  such  place,  he  shall,  for  every  such  offence  be  liable 
and  subject  to  a  penalty  of  not  less  than  five,  nor  more  than 
fifty  dollars. 

Sec.  7.  No  saloon,  building,  room,  or  other  place  covered 
by  such  license,  shall  be  open  for  business  between  the  hours 
of  eleven  o'clock  in  the  evening  and  five  o'clock  in  the  morn- 
ing ;   nor  shall  it  be  lawful  to  sell  or  permit  to  be  sold,  therein 


LICENSE.  83 

or  therefrom,  any  of  said   liquors  between  said  hours.     And 
any  person  violating  this   section,  or   any  provision    thereof, 
shall  for  each  and  every  such  offence,  be  liable  and  subject  to. 
a  penalty  of  not  less  than   five   dollars,  nor  more  than  fifty 
dollars.  * 

Sec.  8.  The  City  Council  shall  have  power  to  revoke  and 
annul  any  license  granted  and  issued  under  this  ordinance, 
for  a  violation,  by  the  licensee,  or  by  any  agent  or  employee 
of  such  licensee,  of  any  of  the  provisions  of  sections  5,  6  and 
7  of  this  ordinance,  and  such  revocation,  and  the  reason 
thereof,  shall  be  entered  of  record  among  the  proceedings  of 
the  City  Council,  and  notice  of  such  revocation  shall  be  served 
upon  the  licensee  by  the  City  Marshal,  or  other  police  officer 
of  said  city  ;  but  such  revocation  shall  not  release,  or  in  man- 
ner affect  the  liability  of,  either  the  principal  or  surety  on  the 
bond  required  by  section  3  of  this   ordinance. 

Sec.  9.  The  requirements  of  this  ordinance,  in  regard  to 
the  sale  of  the  liquors  herein  mentioned,  shall  not  apply 
to  druggists,  or  other  persons  duly  authorized  to  sell  liquors 
under  a  permit  from  the  county. 


I 


CHAPTER  XXIV. 

LICENSES. 

An  Ordinance  for  licensing  Draymen,  Teamsters  and  Ex- 
pressmen. 


9.  Each  vehicle  to  bear  the  same  number 
as  its  license. 

10.  Mayor  to  deliver  to  the  Marshal  a  list 
of  licenses,  and  .charge  the  Treasurer  with 
the  amount  of  licenses. 

11.  Mayor  to  keep  a  register  of  licenses, 
with  dates,  numbers,  etc.,  and  to  file  and 
keep  all  bonds,  and  report  to  Council  every 
three  months. 

12.  Licenses  may  be  issued  for  less  than  a 
year. 


1.  License  required. 

2.  Expressman  and  teamster  defined. 

3.  Application  for  license  to  be  made  to 
the  Mayor.  Council  may  grant  license,  if 
Mayor  refuse. 

4.  Licensee  must  give  bond,  to  be  approv- 
ed by  the  Mayor,  in  the  sum  of  two  hundred 
and  fifty  dollars,  before  license  is  delivered. 

5.  When  license  may  be  delivered. 

6.  Licenses  not  transferable. 

7.  Charges  for  hauling. 

8.  Penalty  for  violating  ordinance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  every  person  following  the  business  of  a 
Drayman,  Teamster  or  Expressman,  within  the  limits  of  the 
City  of  Muscatine,  shall  pay  annually,  in  advance,  the  licenses 
following,  viz. :  Each  Drayman  and  Teamster  shall  pay  an 
annual  license  of  five  dollars  for  each  dray  or  wagon,  and 
every  Expressman  an  annual  license  of  ten  dollars  for  each 
express  wagon. 


84  ORDINANCES. 

Sec.  2.  An  Expressman  is  one  whose  wagon  or  other 
vehicle  rests  on  springs,  and  a  Teamster  is  one  whose  vehicle 
is  similar  to  an  ordinary  farm  wagon,  and  is  without  springs. 
Every  person  engaged  in  carrying  goods  or  other  commodi- 
ties from  o;;ie  part  of  the  city  to  another  for  hire,  on  any 
other  vehicle  than  a  dray,  shall  be  deemed  an  Expressman  or 
a  Teamster,  as  the  same  are  herein  defined. 

Sec.  3.  Application  for  such  license  shall  be  made  to  the 
Mayor,  who  has  authority  to  grant  or  refuse  the  same,  sub- 
ject, in  case  of  refusal,  to  the  final  decision  of  the  Council. 

Sec.  4.  Before  the  license  is  delivered  to  the  applicant,  he 
must  produce  to  the  Mayor  the  Treasurer's  receipt  for  the 
payment  of  the  sum  herein  required,  and  must  also  give  bond 
to  the  City  of  Muscatine,  for  the  use  of  whomsoever  may  be- 
come concerned  therein,  with  one  or  more  sureties,  in  the 
penal  sum  of  two  hundred  and  fifty  dollars,  with  a  condition 
that  he  will  truly  and  safely  deliver  all  property  entrusted  to 
him  or  his  agents,  and  that  he  will  pay  all  damages  which  may 
accrue  to  any  person  by  the  neglect,  delay  or  carelessness  of 
himself  or  his  agents  in  the  performance  of  his  undertaking, 
to  convey  or  deliver  any  property,  and  all  damages  which 
may  accrue,  in  consequence  of  any  injury  to  persons,  arising 
from  the  same  cause.  Such  bond  must  be  approved  by  the 
Mayor,  and  it  may  be  sued  upon,  in  the  name  of  the  city,  for 
the  use  of  any  person  injured  by  the  breach  of  its  condition, 
but  at  such  person's  cost  and  risk. 

Sec.  5.  Upon  the  bond,  duly  executed  and  approved,  being 
delivered  to  the  Mayor,  he  shall  direct  a  license  to  issue  to 
the  applicant,  which  shall  be  in  force  one  year. 

Sec.  6.  No  license  is  transferable;  neither  shall  any  person 
run  more  than  one  vehicle  at  the  same  time  by  virtue  of 
one  license. 

Sec.  7.  A  tariff  of  not  more  than  twenty-five  cents  maybe 
charged  by  the  licensee  for  each  load  taken  to  any  point 
within  eight  squares  of  the  place  of  receiving  the  same,  and 
forty  cents  for  any  other  distance  within  the  city. 

Sec.  8.  If  any  person  undertakes  to  carry  on  the  business 
of  Drayman,  Expressman  or  Teamster,  without  having  first 
obtained  a  license  therefor,  as  required  by  this  ordinance,  he 
shall  forfeit  and  pay  to  the  city  any  sum  not  exceeding  twenty 
dollars  ;  and  if  any  person  who  is  licensed  fail  to  keep  the 
number  upon  his  vehicle,  as  hereinafter  provided,  or  if  he 
charge,  as  a  compensation,  more  than  the  rates  herein  estab- 
lished, he  shall  forfeit  to  the  city  his  license,  and  shall  also 
pay  a  fine  of  not  more  than  ten  dollars  for  each  and  every 
conviction. 


LICENSES.  85 

Sec.  9.  All  vehicles  required  to  be  licensed  under  this  or- 
dinance, shall  be  numbered  the  same  as  the  number  of  the 
license,  which  shall  be  furnished  by  the  city,  on  tin-plates, 
yearly,  and  which  shall  be  fixed  in  some  conspicuous  place  on 
such  vehicle. 

Sec.  10.  The  Recorder  shall  deliver  to  the  Marshal,  from 
time  to  time,  a  list  of  the  licenses  issued  under  this  ordi- 
nance, with  their  dates  and  numbers,  and  shall  charge  the 
Treasurer  with  the  amounts  paid  for  such  licenses. 

Sec.  II.  The  Recorder  shall  keep  a  register  of  the  above 
licenses,  with  their  dates  and  numbers,  and  shall  file  and  keep 
all  bonds  given  under  this  ordinance,  and  report  the  same  to 
the  City  Council  every  three  months. 

Sec.  12.  Licenses  provided  for  by  this  ordinance  may  be 
issued  for  a  less  period  than  a  year,  but  no  license  shall 
be  granted  for  a  shorter  time  than  one  month,  and  all  licenses 
shall  be  made  to  expire  on  the  first  Monday  of  March,  next 
succeeding  their  issuance.  Where  any  license  is  granted  for 
less  than  a  year,  it  shall  be  dated  as  of  the  first  Monday  of 
the  month  in  which  it  was  issued,  in  order  to  avoid  fractional 
parts  of  a  month,  and  the  charge  shall  be  made  from  the  day 
it  is  so  dated.  No  license  shall  be  issued  for  one  month,  ex- 
cepting for  the  month  immediately  preceding  the  first  Mon- 
day of  March.  When  a  license  is  issued  for  less  than  a  year, 
the  licensee  shall  pay  for  the  number  of  months  such  license 
is  to  run,  at  the  same  rate  that  is  chargable  for  a  similar 
license  for  twelve  months. 


CHAPTER  XXV. 

LICENSES. 

An  Ordinance  in  relation  to  licenses  for  Games  of  Chance 
or  Skill. 


1.  License  required  for  any  kind  of  table 
or  alley,  at  which  games  of  skill  or  chance 
are  played. 

2.  Amount  of  license  for  table. 

3.  Amount  of  license  for  alley. 

4.  License  required  for  any  games  of 
chance  or  skill,  not  enumerated  in  ordi- 
nance.- 

5.  Applications  for  license  must  be  made 
to  City  Council.  What  application  must 
contain.  Council  may  grant  or  refuse  ap- 
plication. 

6.  If    Council  grant  application,    money 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

'Section   i.  That  no  person  or  persons  shall  keep,  or  cause 
to  be  kept,  any  billiard  table,  nine-pin,  ten-pin,  or  other  bowling 


for  license  to  be  paid  to  the  City  Treasurer. 
Treasurer  to  give  receipts,  and  Mayor  to 
issue  license.  What  license  must  contain. 
May  be  changed,  when.  Council  may  re- 
voke license. 

7.  What  indorsement  to  be  made  on 
license,  when  Council  permits  assignments, 
or  change  of  place. 

8.  Licenses  to  terminate  on  first  Monday 
in  March.  License  can  be  used  for  no  other 
place  than  that  named  in  it. 

9.  Penalty  for  violating  ordinances. 


S6  ORDINANCES. 

alley,  bagatelle  table,  Jenny  Lind  Table,  or  other  kind  of  table, 
or  place  whatever,  on  or  at  which  games  of  skill  or  chance 
are  played,  and  for  the  use  of  which,  or  the  privilege  of  play- 
ing thereon,  any  money  or  its  equivalent,  or  any  remunera- 
tion of  any  sort  in  lieu  of  money,  shall  be  required,  paid  or 
received  therefor,  without  first  having  obtained  a  license  in 
accordance  with  the  provisions  of  this  ordinance. 

Sec.  2.  The  keepers  of  billiard,  bagatelle,  Jenny  Lind  and 
other  tables  of  similar  character,  shall  pay  for  a  license  an- 
nually, as  follows  :  For  a  single  table,  twenty  five  dollars. 
For  two  or  more  tables,  fifty  dollars. 

Sec.  3.  The  keepers  of  bowling  alleys  shall  pay  an  annual 
license  of  twenty-five  dollars  for  each  alley. 

Sec.  4.  The  owners  or  keepers  of  any  place  where  any 
games  of  chance  or  skill  are  played,  and  which  is  not  enumer- 
ated herein,  shall  pay  an  annual  license  of  twenty-five  dol- 
lars ;  but  this  provision  shall  not  be  construed  as  authorizing 
the  playing  of  any  game  of  chance  or  skill  for  any  purpose 
which  is  forbidden  by  the  laws  of  the  State  of  Iowa. 

Sec.  5.  All  applications  for  any  license,  provided  for  by  this 
ordinance,  shall  be  made  to  the  Council.  Such  application 
shall  give  the  name  of  the  applicant,  the  kind  of  license  de- 
sired, and  shall  specify  particularly  the  place  where  the  thing, 
for  which  license  is  asked,  is  to  be  kept  and  used.  The  City 
Council  may  grant  or  reject  the  application,  in  its  discretion. 

Sec.  6.  If  the  Council  grant  the  application  so  made  to  it 
the  applicant  for  such  license  shall  thereupon  pay  to  the  City 
Treasurer  the  sum  required  for  such  license,  who  shall  give  a 
duplicate  receipt  therefor,  one  of  which  receipts  shall  be  pre- 
sented to  the  Mayor,  who  shall  thereupon  direct  a  license  to 
issue  to  the  party.  Such  license  shall  give  the  name  of  the 
party  to  whom,  and  the  purpose  for  which,  it  is  granted,  the 
time  of  its  continuance,  and  a  particular  description  of  the 
place  where  the  thing  licensed  is  to  be  kept  or  used.  In  all 
these  particulars,  the  license  shall  correspond  with  the  appli- 
cation for  such  license.  Such  license  shall  not  be  assigned, 
nor  shall  the  place  where  it  is  to  be  operated  be  changed, 
without  the  assent  of  the  Council.  The  Council  reserves  to 
itself  the  right  to  revoke  any  license  granted  by  virtue  of  this 
ordinance,  at  any  time,  for  a  violation  of  any  of  the  State 
laws,  or  city  ordinances,  in  relation  to  gambling  or  the  sale  of 
intoxicating  liquors,  or  for  riotous,  disorderly  or  tumultuous 
conduct  in  the  place  to  which  such  license  applies,  or  for  per- 
miting  minors  to  engage  in  any  games  therein  played,  or  for 
any  other  abuse  of  the  privileges  given  by  such  license,  which 
reservation  shall  be  incorporated  in  said  license. 


LICENSES.  87 

Sec.  7.  Whenever  the  Council  shall  assent  to  the  assign- 
ment of  any  license,  or  to  any  change  in  the  place  described 
in  such  license,  it  shall  be  the  duty  of  the  person  to  whom 
such  license  was  granted,  to  present  the  same  to  the  City  Re^ 
corder,  who  shall  thereupon,  in  case  of  an  assignment,  endorse 
on  said  license  the  following  words,  or  words  equivalent 
thereto:  "Permission  given  by  the  City  Council  (herein  in- 
sert date  of  such  permission)  for  the  assignment  of  the 
license  to  (here  insert  name  of  person  to  whom  assignment  is 
to  be  made.)  In  case  of  a  change  of  place,  the  Recorder  shall 
endorse  on  said  license  the  following  words,  or  others  of  like 
meaning  :  *'  Permission  given  by  the  City  Council  (herein  in- 
sert date  of  such  permission)  to  have  the  place  described  in 
the  license  changed  to  (here  describe  the  place  to  which  the 
change  is  to  be  made.)  The  permission  to  make  an  assign- 
ment of  the  license,  or  to  change  the  place  for  which  it  was 
originally  given,  shall  not  be  operative  or  effectual  until  the 
endorsement,  herein  required,  shall  have  been  made  and  attest- 
ted  by  the  Recorder.  The  Recorder  shall  be  entitled  to  charge 
twenty-five  cents  for  each  and  every  endorsement  made  under 
the  provisions  of  this  section. 

Sec.  8.  All  annual  licenses,  granted  under  the  authority  of 
this  ordinance  shall,  as  far  as  practicable,  terminate  on  the 
first  Monday  of  March  next  following  the  date  of  such  licenses. 
Licenses  may  be  granted  for  less  than  a  year,  but  no  license 
shall  be  granted  for  a  period  less  than  three  months,  inter- 
vening between  the  time  when  application  for  a  license  is 
granted  by  the  City  Council,  and  the  first  Monday  of  March 
following.  In  such  case  a  license  may  be  granted  until  the 
first  Monday  of  March  following,  and  in  order  to  avoid  frac- 
tions or  parts  of  a  month,  the  time  shall  be  counted  from  the 
first  Monday  of  the  month  in  which  the  license  is  issued  to 
the  first  Monday  of  March  following.  Where  licenses  are 
granted  for  a  less  time  than  a  year,  the  charge  for  such 
license  shall  be  proportioned  to  the  time  it  is  made  to  run.  If 
for  six  months,  it  shall  be  half  the  amount  charged  for  an 
annual  license  ;  for  three  months,  one-fourth  of  such  amount, 
and  so  on.  No  license  can  be  used  for  any  other  place  than 
that  mentioned  in,  or  duly  endorsed  on  such  license. 

Sec.  9.  Any  person  violating  the  provisions  of  this  ordi- 
nance in  operating  or  controlling-  any  of  the  tables  or  alleys 
mentioned  or  contemplated  herein,  without  first  having  a 
license  therefor,  shall  upon  conviction  thereof,  pay  a  fine  of 
not  less  than  the  amount  of  such  license,  and  in  default 
of  payment  of  such  fine,  shall  be  imprisoned  therefor,  until 
such  fine  be  paid,  or  he  be  released  in  due  course  of  law.    And 


88 


ORDINANCES. 


where  any  person  undertakes  to  act  upon  the  permission  of 
the  Council,  to  either  assign  or  change  the  place  of  his  license, 
without  having  the  indorsement  made  by  the  Recorder,  as 
herein  required,  he  shall,  upon  conviction,  forfeit  and  pay  a  fine 
of  not  less  than  five  dollars  and  costs,  and  the  Council  may, 
if  it  sees  proper,  revoke  such  license. 


CHAPTER  XXVI. 


LICENSES. 


An  Ordinance  requiring  licenses  to  be  taken  out  by  any 
person  giving  Exhibitions,  where  Tickets  of  Chance  are 
sold  or  given,  or  Prizes  drawn  for,  by  keepers  of  Dollar 
Stores,  Ninety-nine  Cent  Stores,  and  other  transient 
merchants. 


3.  Licenses  to  run  not  more  than  thirty- 
days,  may  be  renewed.  Not  to  exceed 
twenty  dollars  per  day,  in  discretion  of 
Mayor. 

4.  How  license  to  be  obtained. 

5.  Penalty. 


1.  Exhibitions  where  tickets  of  chance 
are  given  or  sold,  and  gift  enterprises,  must 
take  out  license. 

2.  Dollar  stores,  ninety-nine  cent  stores, 
bankrupt  stores,  or  vendors  selling  in  the 
streets  from  stands  or  wagons,  or  peddling 
dry  goods,  notions,  etc.,  must  take  out 
license. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  be  permitted  to  give  any 
exhibition,  where  tickets  of  chance  are  sold  or  given,  or  prizes 
drawn  for  or  given,  or  shall  open  or  manage,  or  take  charge 
of  any  establishment  or  scheme,  known  as  a  gift  enterprise, 
or  any  other  store  room,  or  other  place,  where  tickets  of 
chance  of  any  sort  or  kind,  or  in  any  manner  are  sold,  or 
prizes  are  drawn  for,  without  first  having  obtained  a  license 
therefor,  as  herein  after  provided. 

Sec,  2.  Any  person  bringing  here  any  stock  of  goods, 
wares  or  merchandise,  with  intent  to  remain  only  transiently, 
and  offering  to  sell  the  same  in  stores  known  as  "  Dollar 
Stores,"  or  "  Ninety-nine  Cent  Stores,"  or  other  stores,  simi- 
lar in  kind,  or  as  stores  for  the  sale  of  bankrupt  stocks,  or 
travelling  vendors,  who  shall  sell  their  wares  in  the  streets 
from  stands  or  travelling  wagons,  or  shall  peddle  dry  goods, 
notions,  etc.,  from  house  to  house,  shall  take  out  license  be- 
fore attempting  to  make  any  sales,  or  do  any  business. 

Sec.  3.  In  the  cases  for  which  provision  is  made  in  the  two 
preceding  sections,  licenses  may  be  granted  for  any  number 
of  days  not  exceeding  thirty  days  ;  and  the  Mayor  may,  in 


LICENSES. 


89 


his  discretion,  fix  the  amount  of  license  to  be  paid  per  day 
in  each  of  the  above  enumerated  cases  ;  but  in  no  case  shall 
the  amount  exceed  the  rate  of  twenty  dollars  a  day.  Licenses 
may  be  renewed  for  the  same,  or  a  shorter  period  of  time.     _ 

Sec.  4.  Any  person  desiring  to  take  out  a  license  for  any 
of  the  purposes  contemplated  by  this  ordinance,  shall,  after 
ascertaining-  the  amount  to  be  paid  by  him  per  day,  pay  to  the 
Treasurer  the  amount  required  for  the  number  of  days  he  desires 
a  license,  and  the  Treasurer  shall  give  to  him  receipts  in  du- 
plicate therefor,  and  upon  depositing  one  of  said  receipts  with 
the  Mayor,  the  Mayor  shall  order  a  license  to  issue  to  him,  de- 
scribing the  kind  of  business,  and  specifying  the  number  of 
days  the  license  is  issued  for. 

Sec.  5.  Any  person  violating  the  provisions  of  this  ordi- 
nance, shall,  on  conviction  thereof,  pay  a  fine  of  not  less  than 
five  dollars,  nor  more  than  fifty  dollars  for  each  offence. 


CHAPTER  XXVIL 


LICENSES. 


An  Ordinance  for  the  licensing  of  Circuses,    Menageries, 
Shows,  etc. 


4.  other  exhibitions  to  pay  not  more  than 
ten  dollars. 

5.  Penalty  for  violating  preceding  sec- 
tions. 

6.  Exhibitors  of  wild  beasts  not  to  ex- 
hibit the  same  on  public  thoroughfares,  so 
as  to  endanger  the  lives  and  property  of 
persons  lawfully  thereon. 


1.  Circus  traveling  by  land  must  pay 
thirty  dollars  for  each  day's  exhibition.  By 
water,  must  pay  fifty  dollars.  Circus  and  me- 
nagerie combined,  traveling  by  land,  must 
pay  forty  dollars;  by  water,  seventy-five 
dollars. 

2.  Menageries  to  pay  twenty  dollars  for 
each  day's  exhibition. 

3.  Side  shows  to  pay  from  ten  to  twenty- 
five  dollars  for  each  day's  exhibition. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  owners  or  managers  of  Circuses,  trav- 
eling by  land,  shall  pay  thirty  dollars  in  cash  for  each  day's 
exhibition  in  the  City  of  Muscatine,  and  those  traveling  by 
boat  or  river,  shall  pay  fifty  dollars  in  cash,  for  each  day's  ex- 
hibition in  said  city.  Exhibitions  of  wild  animals  and  circus 
combined,  shall  pay  as  follows :  Those  traveling  by  land 
shall  pay  in  cash,  forty  dollars  for  each  day's  exhibition  in 
said  city,  and  those  traveling  by  water,  shall  pay  seventy-five 
dollars  in  cash  for  each  day's  exhibition. 

Sec.  2.  The  owners  or  managers  of  menageries  of  wild 
animals,  shall  pay  twenty  dollars  in  cash,  for  each  day's 
exhibition. 


12 


90  ORDINANCES. 

Sec.  3.  The  owner  or  manag^er  of  each  side  show,  accom- 
panying any  circus  or  menagerie,  shall  pay  in  cash  not  less 
than  ten,  nor  more  than  twenty-five  dollars  (in  the  discretion 
of  the  Mayor)  for  each  day's  exhibition. 

Sec.  4.  Traveling  exhibitions  of  legerdemain,  wax  figures, 
paintings,  statuary,  theatrical  plays,  concert  troupes,  and  any 
person  engaged  in  giving  any  public  entertainment,  exhibi- 
tion or  show  of  any  kind  whatever,  to  which  a  charge  for  ad- 
mission is  made,  shall  pay  for  each  day's  exhibition,  ten  dol- 
lars or  less,  in  the  discretion  of  the  Mayor.  But  no  license 
shall  be  required  for  lectures,  nor  for  concerts  or  other  enter- 
tainments, given  by  amateurs  for  charitable  or  public  uses. 

Sec.  5.  Any  person  or  persons  violating  the  provisions  of 
any  of  the  preceding  sections,  shall,  on  conviction  thereof, 
pay  a  fine  of  not  less  than  the  amount  required  to  be  paid  for 
a  license  for  the  particular  exhibition,  entertainment,  show, 
etc.,  which  he  or  they  shall  undertake  or  attempt  to  give. 

Sec.  6.  No  person  or  persons  to  whom  any  license  is 
granted  for  the  exhibition  of  any  kind  of  wild  beasts,  shall  be 
permitted  to  exhibit  the  same,  or  any  of  them,  in  the  public 
thoroughfares  of  said  city,  in  such  manner  as  to  frighten 
teams,  or  endanger  the  lives  and  property  of  persons,  law- 
fully using  such  thoroughfares.  Any  person  violating  the 
provisions  of  this  section,  on  conviction  thereof,  shall  pay  a 
fine  of  not  more  than  one  hundred  dollars  and  costs,  and  in 
default  of  such  payment,  may  be  imprisoned  not  more  than 
thirty  days,  and  in  addition  thereto,  be  liable  to  a  civil  action 
on  the  part  of  any  one  entitled  to  damages,  in  consequence 
of  such  exhibition. 


CHAPTER  XXVIII. 

LICENSES. 

An  Ordinance  for  the  licensing  of  Hacks,  Omnibuses,  and 
other  vehicles,  that  carry  passengers  for  hire. 

civil  in  conduct,  and  not  annoy  passengers  ; 
must  obey  rules  and  regulations  of  Com- 
pany or  Society;  when. 

6.  Persons  offending  may  be  arrested. 

7.  Licenses,  when  made  to  expire.  Per- 
mits may  be  granted  by  Mayor ;  when  and 
for  what  time. 

8.  Penalty  for  running  without  license,  or 
for  violating  ordinance. 


1.  Person  running  vehicles  for  the  carry- 
ing of  passengers,  must  take  out  license ; 
amount  of  license. 

2.  How  license  obtained. 

3.  Licensed  vehicles  shall  have  same  num- 
ber as  that  on  license,  to  be  put  in  con- 
spicuous place. 

4.  What  may  be  charged  for  carrying  pas- 
sengers. 

5.  Drivers  and  owners  must  be  quiet  and 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section   i.  That  no  person  shall  be  permitted  to  run  any 
hack,    carriage,    coach,    cab,    stage,    omnibus,    or   any    other 


I 


LICENSES.  91 

vehicle,  for  the  carrying  of  passengers,  in  the  city,  without 
first  having  obtained  a  license  therefor,  for  which  he  shall  pay 
the  sum  of  five  dollars  for  each  vehicle. 

Sec.  2.  Any  person  desiring  to  take  out  a  license  for  any 
of  the  vehicles  mentioned  in,  or  contemplated  by,  this  ordi- 
nance, shall  deposit  with  the  City  Treasurer  the  sum  of  five 
dollars,  and  the  Treasurer  shall  thereupon  give  him  duplicate 
receipts  therefor,  one  of  which  shall  be  presented  to  the 
Mayor,  who  shall  direct  a  license  to  issue. 

Sec.  3.  Every  vehicle  licensed,  under  the  provisions  of  this 
ordinance,  shall  be  numbered — the  number  to  be  the  same  as 
that  on  the  license,  and  put  in  some  conspicuous  place  on  the 
vehicle. 

Sec.  4.  Any  person  who  shall  have  obtained  a  license  to 
run  any  vehicle  for  carrying  passengers,  shall  be  permitted 
to  charge  as  follows  :  For  carrying  one  passenger  any  dis- 
tance within  said  city,  not  exceeding  one  mile,  twenty-five 
cents  ;  for  every  additional  mile  or  fraction  thereof,  twenty- 
five  cents. 

Sec.  5.  No  owner  or  driver  of  any  hack,  cab,  coach,  stage, 
omnibus,  carriage,  or  other  like  vehicle,  while  seeking  pas- 
sengers at  any  railroad  depot,  or  at  any  other  public  place,  or 
waiting  for  employment  at  any  stand,  shall  unnecessarily  snap 
or  flourish  any  whip,  or  use  any  indecent  or  profane  language, 
or  be  guilty  of  boisterous  or  loud  talking,  or  of  any  disor- 
derly conduct,  or  vex  or  annoy  travelers  or  citizens,  or  ob- 
struct any  sidewalk.  And  such  owners  and  drivers  are  re- 
quired to  obey  any  and  all  rules  and  regulations  made  by  any 
company  or  society,  not  inconsistent  with  any  ordinance  of 
the  city,  for  the  promotion  of  order  at  any  landing  or  depot, 
used  by  such  company,  or  at  any  place  used  by  such  society,  for 
its  accommodation. 

Sec.  6.  Any  police  officer  shall  have  power  to  arrest  any 
person  offending  against  the  provisions  of  this  ordinance,  or 
who  refuses  or  fails  to  desist  when  commanded  or  required 
so  to  do. 

Sec.  7.  All  licenses,  issued  under  the  provisions  of  this  or- 
dinance, shall  be  made  to  expire  on  the  first  Monday  of 
March  following,  and  no  license  shall  be  issued  for  a  shorter 
period  than  three  months.  But  the  Mayor  may  issue  permits, 
when  the  agricultural  fair  is  in  progress,  and  on  like  occasions, 
to  persons  not  regularly  licensed,  to  run  vehicles  for  a  period 
of  not  more  than  five  days,  and  for  which  they  shall  pay  not 
more  than  five  dollars  per  day.  Where  permits  are  issued 
under  this  section,  such  permit  shall  be  carried  by  the  driver, 
and  exhibited  to  any  police  officer  of  the  city,  who  may  re- 
quire its  production. 


92 


ORDINANCES. 


Sec.  8.  Any  person  undertaking  to  run  any  vehicle  for  the 
carriage  of  passengers  for  hire,  without  first  having  taken  out 
a  license,  or  permit  therefor,  shall,  on  conviction  thereof,  pay 
a  fine  of  not  less  than  the  amount  herein  required  for  such 
license,  and  any  person  who  shall  violate  any  other  provision 
of  this  ordinance,  shall,  on  conviction  thereof,  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  fined  in  a  sum  not  ex- 
ceeding twenty  dollars,  and  in  addition  thereto,  the  Council 
may,  if  it  sees  proper,  revoke  the  license  of  such  person. 


CHAPTER  XXIX. 


LICENSES. 


An  Ordinance  in  relation  to  licenses  for  Peddlers. 


1.  Peddlers  to  take  out  license.  Who 
are  to  be  regarded  as  peddlers.  Who 
not. 

2.  Who  are  to  be  regarded  as  whole- 
sale  peddlers.     License  required  of  them. 


3.  Retail  peddlers  must  have  receipts  of 
Treasurer,  before   Mayor  can  issue  license. 

4.  Wholesale  peddlers  must  have  like  re- 
ceipt. 

5.  Penalty  for  violating  ordinance. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  Peddlers  shall  pay  to  the  city  an  annual 
license  of  ten  dollars.  Any  person  engaged  in  the  business 
of  retailing  any  wares,  goods  or  merchandise,  fruits,  vegeta- 
bles, meats,  fish  or  other  edibles,  along  or  upon  the  public 
streets,  or  from  house  to  house,  shall  be  deemed  a  Peddler. 
Provided^  however,  that  this  section  shall  not  be  construed  to 
apply  to  any  person  retailing  productions  of  his  or  her  own 
raising  or  manufacture. 

Sec.  2.  That  all  persons  who  sell  goods  of  any  description, 
within  the  limits  of  the  city,  at  wholesale,  from  a  wagon, 
shall  be  and  are  hereby  declared,  wholesale  peddlers,  and  be- 
fore undertaking  to  make  any  such  sales,  shall  obtain  from 
the  Mayor  a  written  permit  to  make  the  same,  and  shall  be 
charged  for  such  permit,  seven  dollars  for  the  first  day  they 
are  engaged  in  selling,  and  five  dollars  f^reach  additional  day. 

Sec.  3.  Retail  peddlers,  as  the  same  are  defined  in  the  first 
section  of  this  ordinance,  shall,  before  undertaking  to  make 
sales,  pay  to  the  Treasurer,  the  sum  herein  required  for  a 
license,  and  take  from  the  Treasurer,  duplicate  receipts,  one 
of  which  shall  be  presented  to  and  left  with  the  Mayor,  who 
shall  thereupon  direct  the  proper  license  to  issue  to  the  ap- 
plicant therefor. 


LICENSES.  93 

Sec.  4.  Wholesale  peddlers,  as  they  are  herein  defined, 
shall,  before  offering  to  sell,  pay  to  the  Treasurer  the  amount 
herein  required  for  the  number  of  days  they  desire  to  sell, 
who  shall  give  receipts  in  duplicate,  one  of  which  shall  be 
left  with  the  Mayor,  who  shall  thereupon  order  to  issue  "a 
written  permit,  authorizing  sales  for  the  number  of  days  for 
which  they  have  paid. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this 
ordinance,  shall,  upon  conviction  thereof,  be  fined  in  a  sum 
not  less  than  the  amount  required  for  the  license  or  permit,  as 
the  case  may  be,  and  not  more  than  one  hundred  dollars. 


I 


CHAPTER  XXX. 

LICENSES. 

An  Ordinance  regulating  Sales  in  the  Streets. 

1.  Vendors  of  goods,  wares  and  merchan-    I        2.  Applicant  to  pay  license  fee. 
dise,  must  obtain  license.  I        3.  Penalty. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  it  shall  not  be  lawful  for  any  traveling 
vendor  of  goods,  wares,  or  merchandise,  of  any  description, 
to  expose  such  goods,  wares  or  merchandise  for  sale,  in  any 
of  the  streets  or  alleys,  or  other  public  grounds  of  said  city, 
from  stands  erected  in  said  streets,  alleys  or  other  public 
grounds,  or  by  occupying  any  part  of  said  streets,  alleys  or 
other  public  grounds,  for  teams  or  vehicles  of  any  kind  used 
as  stands,  for  the  sale  of  any  of  the  above  mentioned  articles, 
without  having  first  procured  from  the  Mayor  of  said  city,  a 
written  permit  for  that  purpose. 

Sec.  2.  Any  person  who  is  desirous  of  obtaining  a  permit 
for  the  purpose  aforesaid,  shall  pay  to  the  City  Treasurer,  for 
the  use  of  said  city,  a  sum  not  less  than  five  dollars,  nor  more 
than  twenty-five  dollars  per  day,  and  a  fee  of  fifty  cents  to 
the  officer  giving  such  permit. 

Sec.  3.  Any  person  violating  the  provisions  of  this  ordi- 
nance, shall  forfeit  the  sum  of  fifty  dollars,  for  each  day  he 
shall  be  guilty  of  such  violation  ;  such  penalty  to  be  recov- 
ered by  summary  process  before  the  police  court. 


04 


ORDINANCES. 


CHAPTER  XXXI. 


LICENSES  AND  PERMITS. 


An  Ordinance  prescribing  the  Fees  to  be  paid  for  issuing 
Licenses  and  Permits. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  Recorder  shall  be  entitled  to  receive 
the  sum  of  one  dollar,  for  issuing  a  license  to  a  Circus  or 
Menagerie,  and  the  sum  of  fifty  cents  for  issuing  all  other 
licenses,  and  the  same  sum  for  issuing  permits.  The  fees  for 
issuing  such  licenses  or  permits,  shall  be  paid  by  the  appli- 
cants, or  applicants  therefor,  before  the  same  are  issued. 


CHAPTER  XXXn. 


MISDEMEANORS. 


An  Ordinance  declaring  certain  offenses  to  be  Misdemeanors, 
and  punishing  the  same. 


1.  Offenses  declared  misdemeanors. 

2.  Disturbing  the  peace  of  the  public,  or 
of  private  individuals. 

3.  Permitting  disturbances  in  house,  or 
on  premises. 

4.  False  alarm  of  fire. 

5.  Keepers,  inmates,  and  frequenters  of 
bawdy  or  assignation  houses. 

6.  Indecent  exposure  in  a  dress  belonging 
to  the  other  sex,  or  indecent  or  lewd  be- 
haviour; exhibiting  lewd  books  or  pic- 
tures ;  performing  immoral  or  lewd  plays. 

7.  Bathing  in  the  Mississippi  River  in  the 
day  time. 

8.  Pasting  bills  or  notices  in  places  for- 
bidden. 

9.  Throwing  stones  or  other  hard  sub- 
stances. 

10.  Coasting. 

11.  Discharging  fire  arms,  cracking  torpe- 
does, squibs,  etc.,  or  throwing  fire  brands. 

12.  Driving  sleigh  without  bells. 

13.  Cleaning  snow  and  ice  from  sidewalk; 
who  to  do  it  and  when  to  be  done. 


14.  Speed  of  cars;  unnecessary  whistling, 
ringing  of  bell ;  duty  of  engineer  and  fire- 
man. 

15.  Swindling,  and  devices  for  swindling. 

16.  Stallions,  jacks  or  bulls,  how  to  be 
kept. 

17.  Flesh  of  animals  that  die  a  natural 
death,  or  are  killed  out  of  the  ordinary  way 
of  butchering,  or  tainted,  or  unsound  fiesh, 
butter,  lard  or  vegetables,  oftered  for 
sale. 

18.  Persons  found  drunk  in  public  places, 
or  in  a  drunken  sleep  on  private  premises, 
without  permission. 

19.  Vagrants. 

20.  Inhuman  treatment  of  animals. 

21.  Carrying  concealed  weapons. 

22.  Resisting  and  willfully  refusing  to  as- 
sist officer. 

23.  Interfering  with  the  Mayor,  or  other 
officer  in  the  discharge  of  his  duty. 

24.  Punishment. 

25.  General  provisions. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section   i.  That   the   several   acts  and  offenses,  named  in 
this  ordinance,  are  hereby  declared  to  be  misdemeanors. 


MISDEMEANORS.  95 

Sec.  2.  Any  person  or  persons,  who  shall  disturb  the  quiet 
of  the  city,  or  of  any  lawful  assembly  of  persons  whatso- 
ever, or  of  any  locality  or  neighborhood,  family  or  person, 
within  the  city,  by  any  loud  or  unnecessary  noise,  by  blowing, 
horns  or  other  instruments,  by  ringing-  bells,  or  rattling,  or 
making  any  unnecessary  noise  with  kettles,  or  other  sounding 
vessels,  or  instruments  ;  by  hallooing,  shouting,  bellowing, 
howling  or  screaming  ;  by  indecent,  or  obscene,  or  profane 
language  or  conduct  ;  or  by  threatening,  quarreling  or  fight- 
ing, or  by  assaulting,  or  challenging  to  fight,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Sec.  3.  Any  person  keeping,  or  having  charge  of  any  house, 
building,  shop,  or  place  of  any  description,  who  shall  suffer  or 
permit  therein,  any  loud  and  boisterous  talk,  or  conversation, 
or  any  profane  or  obscene  language,  or  any  species  of  disor- 
der or  tumult,  which  may  alarm  or  disturb  the  neighborhood, 
or  persons  passing  on  any  public  street  or  highway,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  4.  Any  person  who  shall  knowingly  cause  a  false 
alarm  of  fire,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  5-  Any  person  keeping,  or  having  charge  of,  or  being 
an  inmate  of  a  bawdy  house,  or  house  of  ill-fame,  or  house  of 
assignation,  to  which  persons  resort  for  purposes  of  prostitu- 
tion, shall  be  deemed  guilty  of  a  misdemeanor.  Any  person 
found  in  such  house,  whether  male  or  female,  will  be  deemed 
to  be  there  for  an  immoral  purpose,  and  shall  be  considered 
guilty  of  a  misdemeanor. 

Sec.  6.  Any  person  who  shall  publicly  exhibit  himself  or 
herself,  in  a  nude  condition,  or  in  a  dress  not  belonging  to  his 
or  her  sex,  or  in  any  indecent  or  lewd  dress,  or  shall  be  guilty 
of  any  indecent  behavior,  or  lewd  act,  or  shall  exhibit  any  in- 
decent or  lewd  book  or  picture,  or  shall  exhibit  or  perform  any 
immoral  or  lewd  plays,  or  other  representations,  shall  be 
guilty  of  a  misdemeanor. 

Sec.  7.  Any  person  who  shall  bath,  wash,  or  swim  in  the 
Mississippi  river,  within  the  city  limits,  in  the  day  time,  unless 
in  some  bathing  house  therein,  when  naked,  or  insufficiently 
clad,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  8.  Any  person  who  shall  post,  or  cause  to  be  posted, 
any  bill,  placard,  poster,  or  notice,  on  any  building,  wall  or 
fence,  on  which  the  owner  thereof  shall  have  posted  a  notice 
in  the  words,  ''Post  no  bills,"  or  any  notice  of  the  same 
purport,  shall  be  guilty  of  a  misdemeanor. 

Sec.  9.  Any  person  who  shall  throw  stones,  sticks,  or  other 
hard  substances,  or  snow  balls,  on,  along,  or  across  any  street, 
alley,  or  other  public  highway,  or  in  any  public  place  ;  or  who 


^  ORDINANCES. 

shall  throw  stones,  or  any  other  dangerous  or  offensive  sub- 
stances, at  any  steamboat,  or  other  boat  ;  any  locomotive,  or 
railroad  train  ;  or  at  any  house  or  other  building,  shall  be 
guilty  of  a  misdemeanor. 

Sec.  io.  Any  person,  who  shall  make  use  of  any  street,  or 
sidewalk  for  sledding  or  coasting,  except  such  street  as  the 
Marshal  may  designate  to  such  use,  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  II.  No  person  shall  be  permitted  to  discharge  any 
kind  of  fire  arms,  set  off  fire  crackers,  torpedoes,  squibs,  or 
other  articles  containing  explosive  materials,  throw  fire  balls, 
made  of  combustible  material,  or  make  bonfires.  This  section 
is  not  to  extend  to  any  manufacturer,  trying  or  proving  arti- 
cles manufactured  by  him,  nor  to  the  shooting  of  dogs,  by 
any  one  authorized  so  to  do,  by  ordinance. 

Sec.  12.  Every  person  who  shall  drive  a  sleigh,  cutter,  or 
other  similar  vehicle,  on  any  street,  or  other  public  highway 
of  the  city,  shall  have  bells  attached  to  the  horse  or  vehicle. 
Any  person  so  driving  without  bells,  as  above  required,  shall 
be  deemed  guilty  of  a  misdemeanor. 

Sec.  13.  It  shall  be  the  duty  of  every  person  occupying 
any  house,  or  building,  fronting  on  any  sidewalk  of  wood, 
brick,  stone,  or  other  substance,  and  of  every  person  owning 
unoccupied  property  so  fronting,  to  have  any  snow  or  ice  that 
may  have  fallen,  or  been  formed  on  such  sidewalk,  cleared  off 
the  same  by  nine  o'clock  in  the  morning,  and  to  keep  the  same 
cleared.  Where  there  are  several  occupants  of  a  building, 
fronting  on  a  sidewalk,  it  shall  be  the  duty  of  the  person  or 
persons  occupying  the  first  or  ground  floors,  to  keep  such 
sidewalks  clear  of  snow  and  ice.  Every  person  neglecting  to 
clear  off  said  side  walk  by  the  hour  herein  named,  or  to  keep 
the  same  free  from  snow  and  ice  for  the  space  of  twenty-four 
hours,  after  the  same  shall  have  fallen,  or  been  formed,  or  ac- 
cumulated, shall  be  deemed  guilty  of  a  misdemeanor  ;  and 
shall  be  guilty  of  a  separate  offence  every  twelve  hours  such 
sidewalk  shall  remain  so  encumbered,  after  notice  from  the 
Marshal,  or  any  police  officer,  to  remove  and  clear  off  the  same. 

Sec.  14.  No  cars  shall  be  run  within  the  city  limits  at  a 
greater  rate  of  speed  than  six  miles  an  hour,  nor  shall  any  unnec- 
essary whistling  be  done  by  any  locomotive,  while  the  same  is  in 
motion  or  at  a  stand.  Every  locomotive  shall  have  a  bell,  of 
sufficient  size  and  tone,  which  shall  be  kept  ringing,  while 
passing  through  the  city.  Any  engineer,  fireman,  or  other 
person,  whose  duty  it  shall  be  to  comply  with  the  provisions 
of  this  section,  and  who  fails  so  to  do,  and  any  person  who 
violates  any  of  its  provisions,  shall  be  guilty  of  a  misdemeanor. 


I 


MISDEMEANORS.  97 

Sec.  15.  Every  person  who  engages  or  aids  in  any  game, 
device,  trick  or  scheme  designed,  or  intended  to  cheat,  swindle 
or  defraud  any  one  out  of  any  money,  or  other  property,  or 
who  shall  attempt,  or  aid  in  attempting,  to  cheat,  swindle 
or  defraud  any  one  of  any  money  or  property,  by  any  game, 
trick,  scheme,  or  device,  or  who  has  in  his  or  her  possession 
in  the  city,  any  implement,  token  or  device,  used  in  any  game 
of  chance,  sleight  of  hand,  trick  or  scheme,  calculated  or  in- 
tended to  cheat,  swindle,  or  defraud  anyone  out  of  money  or 
property,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  accordingly. 

Sec.  16.  No  person  shall  keep  within  the  city,  to  let  to 
mareSj  jennies  or  cows,  any  stallion,  jack  or  bull,  without  pro- 
viding an  enclosure,  so  constructed  and  situated,  as  to  exclude, 
effectually,  all  view  from  the  outside,  and  prevent  the  noises 
therein  from  being  heard  by  those  in  the  vicinity,  and  who 
shall  not,  in  addition  thereto,  have  received  from  the  Mayor, 
a  written  permit  to  use  such  stallion,  jack  or  bull,  at  such 
place.  Any  person  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished accordingly. 

Sec.  17.  Any  person  who  shall  sell,  or  offer  to  sell,  or  ex- 
pose for  sale,  in  the  city,  the  flesh  of  any  animal  that  was 
diseased,  overheated,  or  run  down  by  dogs,  at  or  before  the 
same  was  butchered  or  slain,  or  that  had  died  a  natural  or 
violent  death,  out  of  the  usual  manner  of  killing  animals  for 
food,  or  shall  sell,  or  expose  for  sale,  any  putrid,  blown, 
tainted  or  unsound  meat  or  flesh,  or  any  rotten  or  unsound 
eggs,  butter,  lard,  vegetables,  fowls,  game,  or  other  unsound  ar- 
ticles of  food,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished  accordingly. 

Sec.  18.  Any  person  who  shall  be  found  drunk  or  intoxi- 
cated, on  any  street,  or  other  public  place  in  the  city,  or  who 
shall  be  found  in  a  drunken  sleep  on  any  street,  alley  or  other 
public  place,  or  on  any  private  property  not  his  own,  nor  in 
the  occupancy  of  the  person  with  whom  he  lives,  and  being 
unable  to  show  the  permission  of  the  occupant,  shall  be 
deemed  guilty  of  a  misdemeanor  ;  and  it  shall  be  the  duty  of 
any  member  of  the  police  force,  to  arrest  and  commit  any  per- 
son so  found  drunk  or  intoxicated,  until  he  shall  have  become 
sober,  and  then  bring  him  before  the  Police  Judge  for  trial. 

Sec.  19.  Any  person  able  to  work  and  support  himself,  in 
any  honest  and  respectable  calling,  who  shall  be  found  loiter- 
ing or  strolling  about  any  street,  alley,  or  any  other  public 
highway  or  place,  or  in  any  private  place  within  the  city,  not 
having  any  regular  or  lawful  business,  or  who  shall  occupy  for 
the  purpose  of  lodging,  or  any  other  purpose,  any  barn,  shed, 

13 


98  ORDINANCES. 

shop,  or  place,  other  than  such  as  is  kept  for  that  purpose, 
without  permission  of  the  person  entitled  to  the  occupancy 
thereof,  or  having  charge  of  the  same  ;  all  prostitutes,  all 
frequenters,  occupants,  solicitors  and  keepers  of  bawdy- 
houses,  or  places  for  the  resort  of  prostitutes  or  lewd  women  ; 
all  gamblers,  tricksters  and  disorderly  persons  ;  all  gypsies, 
fortune  tellers,  street  beggars,  and  all  persons  without  visible 
and  lawful  means  of  support  or  livelihood,  who  shall  be  found 
in  the  city,  are  declared  vagrants,  and  shall  be  deemed  guilty 
of  a  misdemeanor,  and  punished  accordingly. 

Sec.  20.  Any  person  who  shall  inhumanly  treat,  injure, 
overload,  overwork,  turn  out  to  die,  or  otherwise  abuse  or 
maltreat  any  dumb  animal,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  be  punished  accordingly. 

Sec.  21.  Every  person  who  shall  be  found  carrying  any 
dangerous  weapon,  concealed  on  his  or  her  person,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  punished  accordingly. 
This  section  shall  not  apply  to  police  officers,  and  other  per- 
sons whose  duty  it  is  to  execute  process  or  make  arrests. 

Sec.  22.  Whoever  shall  unlawfully  resist  any  police  officer 
of  the  city,  in  the  discharge  of  his  duty,  shall  be  deemed 
guilty  of  a  misdemeanor  ;  and  any  person  willfully  refusing 
to  assist  a  police  officer  in  making  an  arrest,  when  called  upon 
so  to  do,  shall  be  deemed  guilty  of  a  misdemeanor,  and  pun- 
ished accordingly. 

Sec.  23.  Any  person  who  shall  interfere  with  the  Mayor  of 
the  city,  or  any  police  officer,  or  any  other  person  authorized 
and  required  to  enforce  the  laws  of  the  city,  to  prevent,  hinder 
or  delay  such  officer  or  person,  in  the  execution  of  any  of  the 
duties  required  of  him,  by  any  of  the  ordinances  of  the  city, 
or  by  any  of  the  provisions  of  the  Charter,  or  by  any  general 
law  applicable  to  the  city,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  be  punished  accordingly. 

Sec.  24.  The  punishment  for  any  of  the  offences  herein 
described  as  misdemeanors,  (when  the  penalty  is  not  in  some 
other  ordinance  specified,)  shall  be  a  fine  of  not  less  than  one 
dollar,  nor  more  than  one  hundred  dollars  and  costs,  and  by 
imprisonment  in  the  jail  until  such  fine  is  paid  ;  such  impris- 
onment, however,  not  to  exceed  thirty  days.  Where  any 
other  ordinance  describes  an  offence  as  a  misdemeanor,  with- 
out designating  the  penalty  therefor,  the  punishment  shall  be 
the  same  as  herein  specified. 

Sec.  25.  Where  any  ordinance,  in  general  terms,  imposes  a 
penalty,  forfeiture,  or  fine  for  the  violation  of  any  of  its  pro- 
visions, and  nothing  is  said  therein  in  regard  to  imprisonment 
for  the  failure  or  refusal  to  pay  such  penalty  or  fine,  such  vio- 
lation shall  be  regarded  as  a  misdemeanor,  and  punishable,  as 


NUISANCES. 


99 


such,  by  fine  or  imprisonment,  as  herein  provided.  Where, 
however,  such  ordinance  limits  the  penalty  or  fine  it  au- 
thorizes, to  a  sum  less  than  one  hundred  dollars,  nothing 
herein  contained  shall  be  construed  to  enlarge  or  increase  such 
penalty  or  fine. 


CHAPTER  XXXIII. 

NUISANCES. 

An  Ordinance  in  relation  to  Nuisances. 


1.  Extending  sign  more  than  three  feet 
from  wall,  or  nearer  than  eight  feet  from 
sidewalk, 

2.  Awnings,  relating  thereto. 

3.  Merchants  not  to  use  more  than  two 
and  one-half  feet  of  sidewalk  for  exhibiting 
goods.  Must  be  next  building.  Goods  not 
to  be  suspended  more  than  two  feet  from 
building,  or  to  incommode  passage. 

4.  Piling  lumber,  wood  and  timber  on 
highways,  and  incumbering  them  with  boxes 
and  other  material.  May  be  used  for  re- 
ceiving and  delivering  goods,  but  not  longer 
than  two  hours,  or  for  unloading  wood. 

5.  Permit  may  be  granted  by  Mayor  for 
using  part  of  street  for  erection  or  re- 
pair of  building.  Gutters  must  be  kept 
clear.  Conditions  of  permit  must  be  ob- 
served. 

6.  Excavating  on  line  of  stre.et  for  cellar 
or  otherwise,  proper  barriers  must  be  pro- 
vided. 

7.  Sweepings,  shavings,  mud,  ashes, 
straw,  rubbish,  etc.,  not  to  be  thrown  on  any 
sidewalk,  gutter,  street  or  alley;  dirt  or 
rubbish  not  to  be  unloaded  from  any  cart, 
etc.,  except  as  directed  by  the  Street  Com- 
missioner. 

8.  Dead  carcass  and  other  things  not  to 
be  thrown  or  left  on  any  public  ground  or 
sluice-way,  gutter  or  water-course,  or  sewer, 
or  open  common,  or  left  exposed  on  private 
premises. 

9.  Beasts  of  burden  must  be  properly  fast- 
ened, or  in  care  of  proper  person. 

10.  Passage  on  streets,  or  to  and  from 
alleys,  must  not  be  impeded. 

11.  Vehicle  in  street,  standing  so  as  to  in- 
terfere with  convenient  use  of  highway, 
must  be  moved  on  request. 

12.  Immoderate  driving  forbidden.  Must 
not  drive  on  sidewalk,  or  hitch  so  as  to  get 
on  and  stand  on  sidewalk. 


13.  Public  grounds  not  to  be  dug  into,  or 
anything  pertaining  thereto  taken  away,  ex- 
cept by  consent  of  Council.  No  filth  or 
other  nuisance  to  be  thrown  or  left  thereon. 

14.  Foul  or  poisonous  liquor  not  to  be  dis- 
charged from  any  factory.  Stale  or  putrid 
fat  or  grease  not  to  be  kept,  collected  or  used 
by  any  butcher  or  chandler.  Dead  carcass 
on  private  ground,  or  excrement  or  filth, 
must  have  covering  of  earth  sufficient  to 
prevent  smell. 

15.  Gutters  from  houses,  or  waste  water 
Irom  wells  or  cisterns,  must  not  be  dis- 
charged on  sidewalk. 

16.  Privies,  how  to  be  constructed,  and 
when. 

17.  Privies  that  are  foul  and  emit  smells, 
must  be  cleansed  and  purified.  Order 
of  Marshal  or  Health  Inspector,  to  be 
obeyed. 

18.  Hog  pens ;  where  and  how  to  be  kept. 

19.  Slaughter  house,  soap  factory  and  tal- 
low chandlery,  cannot  be  operated  without 
permit  from  Council. 

20.  Slaaghter  houses,  soap  factories  and 
chandleries,  how  to  be  conducted. 

21.  Hospital,  buildings  used  for;  must 
have  permission  from  City  Council,  and 
consent  of  neighboring  property  owners. 

22.  Prohibiting  the  manufacture  of  gas  in 
certain  limits. 

23.  Nuisances  that  are  declared  such  at 
common  law,  or  by  the  statutes  of  Iowa,  are 
declared  nuisances  by  the  ordinance. 

24.  How  nuisances  are  to  be  abated,  and 
at  whose  cost. 

25.  What  persons  ordered  to  abate  nuis- 
ance may  do,  if  they  wish  to  inquire  into 
their  liability. 

26.  Duty  of  Mayor,  in  cases  where  liability 
to  remove  nuisances  is  submitted  to  him. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section  i.  No  person  shall  be  permitted  to  erect,  or  suffer 


ICX)  ORDINANCES. 

s 

to  remain,  any  sign  of  wood,  cloth  or  other  material,  that 
shall  extend  over  the  sidewalk  more  than  three  feet  from  the 
line  of  the  building  to  which  such  sign  is  attached,  or  nearer 
than  eight  feet  to  the  sidewalk  immediately  below  it. 

Sec.  2.  No  person  shall  hereafter  place  any  post,  rail,  or  other 
obstruction,  in  any  of  the  streets,  alleys  or  highways  of  the  city, 
for  the  purpose  of  fastening  thereunto,  any  awning,  or  erect  any 
shed,  or  awning  of  boards,  projecting  into  or  on  any  street, 
alley,  or  other  public  highway,  or  drop  any  awning  nearer 
than  seven  and  one-half  feet  from  the  sidewalk,  immediately 
below,  and  suffer  the  same  to  continue,  so  as  to  incommode 
passage,  or  interfere  with  the  view  from  the  sidewalk,  into  or 
across  the  street. 

Sec.  3.  No  merchant,  trader,  manufacturer,  or  other  person 
having  any  goods,  wares  or  commodities  for  sale,  shall  be  per- 
mitted to  occupy  more  than  two  and  one-half  feet  of  the  side- 
walk, immediately  in  front  of  his  place  of  business,  for  the 
exhibition  of  any  articles  he  may  have  for  sale.  The  two  and 
one-half  feet  here  allowed  him,  must  be  next  to  and  adjoining 
his  place  of  business.  Any  such  person  occupying  any  other 
portion  of  the  sidewalk,  or  of  the  streets,  for  the  exhibition 
of  his  goods,  wares  and  commodities,  shall,  on  conviction 
thereof,  be  punished  for  a  violation  of  this  section.  No  person 
shall  hang  or  suspend  from  his  place  of  business,  any  goods  or 
merchandise,  intended  for  sale,  at  a  greater  distance  than 
two  feet  from  the  building,  or  other  erection,  and  no  goods  or 
merchandise,  shall  be  so  hung  or  suspended,  as  to  incom- 
mode passage. 

Sec.  4.  No  person  shall  be  permitted  to  pile  timber,  lum- 
ber or  wood,  on  any  of  the  streets,  alleys  or  other  highways 
of  the  city,  or  to  incumber  the  same  with  boxes,  timber,  lum- 
ber, wood  or  any  other  material.  This  section  shall  not  be 
construed  so  as  to  prevent  any  merchant,  or  other  persons  en- 
gaged in  trade,  from  using  the  streets  and  public  thorough- 
fares, in  receiving  and  delivering  goods,  or  to  prevent  the  un- 
loading of  wood,  or  any  other  article,  belonging  to  the  occu- 
pant of  the  adjacent  premises,  and  to  be  taken  thereto. 
Merchants  and  other  traders,  receiving  or  delivering  goods, 
must  not  suffer  the  same  to  remain  in  the  street,  or  on  the 
side  walk,  longer  than  two  hours  ;  and  wood  and  other  arti- 
cles intended  for  use,  must  be  removed  without  unnecessary 
delay. 

Sec.  5.  Any  person  engaged  in  the  erection  or  repair  of  a 
building,  may  obtain  from  the  Mayor,  a  permit  to  occupy  a 
portion  of  the  street,  immediately  in  front  of  such  building, 
and  may  place   thereon   material  intended  for  such  building. 


I 


NUISANKESi.  ..,^.^  lOI 


Such  permit  shall  be  in  writing,  and  shall  specify  how  much 
and  what  part  of  the  street  shall  be  so  occupied.  The  Mayor 
may  include  in  the  permit,  such  conditions  as  a  due  regard 
for  the  convenience  of  the  public  may  require.  It  shall  be 
the  duty  of  the  person,  to  whom  such  permit  is  granted, 
whether  the  same  is  made  a  condition  of  the  permit  or  not, 
to  keep  the  gutters  free  from  obstructions.  Such  occupancy 
must  not  be  prolonged  for  an  unreasonable  length  of  time. 
Any  person,  to  whom  a  permit  is  given,  who  shall  violate 
the  conditions  included  therein,  shall  forfeit  all  the  rights 
given  by  such  permit,  and  such  violation  shall  be  deemed  a 
violation  of  the  provisions  of  this  section,  and  he  may  be 
prosecuted  therefor. 

Sec.  6.  Any  person  who  shall  make  any  excavation  for  a 
cellar,  or  for  any  other  purpose,  in  the  line  of  any  street, 
alley,  or  other  open  and  exposed  place,  shall  immediately  en- 
close the  said  excavation  with  proper  and  suitable  barriers,  as 
a  protection  against  accident  and  injury  to  persons  or  animals. 

Sec.  7.  No  person  shall  throw,  or  cause  to  be  thrown,  any 
sweepings  from  any  store,  room,  or  other  building,  shavings, 
ashes,  mud,  straw,  rubbish,  dung,  or  any  other  filth  or  annoy- 
ance, on  any  pavement  or  sidewalk,  or  in  the  gutter,  street, 
alley,  or  other  highway,  or  shall  unload,  or  drop  from  any  cart, 
wagon,  or  other  vehicle,  any  rubbish,  earth  or  dirt,  in  any 
street,  alley,  or  other  public  thoroughfare,  or  upon  any  public 
ground,  except  by  the  direction  of  the  Street  Commissioner, 
who  shall  designate  the  place  where  the  same  shall  be  un- 
loaded or  dropped. 

Sec.  8.  No  person  shall  throw  in  any  street,  alley  or  other 
public  thoroughfare,  or  into  any  sewer,  gutter,  sluice  way  or 
water  course,  upon  any  public  ground,  or  on  any  open  com- 
mon, or  leave  exposed  upon  any  lot  or  ground  he  may  be  oc- 
cupying, the  dead  carcass  of  any  animal,  or  any  putrid  or  un- 
sound flesh,  fish,  house  dirt,  offal,  filth,  or  waste  matter  of  any 
kind,  or  any  putrid  or  unsound  substance. 

Sec.  9.  No  person  shall  leave  any  horse,  mule  or  jack,  upon 
any  street,  alley,  or  other  public  thoroughfare,  or  upon  any 
open  and  unenclosed  ground  in  said  city,  except  under  the 
immediate  care  of  some  person  capable  of  controlling  such 
animal,  or  without  having  the  same  properly  fastened,  or  other- 
wise properly  secured,  against  running  off  or  breaking  away. 

Sec.  10.  No  person  shall  stop  any  wagon,  dray,  carriage 
or  other  vehicle,  so  as  to  interfere  with  the  convenient  pas- 
sage, on  any  street  or  public  road,  or  to  interrupt  egress  or  in- 
gress to  or  from  any  alley. 


I02  ORDINANCES. 

Sec.  II.  No  wagon,  dray,  or  other  vehicle,  shall  be  permit- 
ted to  stand,  or  to  remain  upon  any  street,  alley,  or  other 
public  thoroughfare  in  the  city,  in  such  a  situation  as  to  in- 
terfere with  the  convenient  use  of  the  same.  Any  person 
having  charge  of  such  wagon,  dray,  carriage  or  other  vehicle, 
shall  remove  the  same,  at  the  request,  either  of  a  police  offi- 
cer, or  a  private  citizen. 

Sec.  12.  No  person  shall  be  permitted  to  ride  or  drive  any 
horse,  mule,  or  other  beast  of  burden,  whether  attached  to  a 
vehicle  or  not,  in  any  street,  alley  or  other  highway  of  the 
city,  or  upon  any  unenclosed  ground,  where  persons  may  be 
collected,  faster  than  an  ordinary  traveling  gait.  Nor  shall 
any  person  ride  or  drive,  or  lead  any  horse,  or  other  beast  of 
burden,  on  any  sidewalk  of  the  city  ;  nor  shall  any  person 
hitch  or  leave  any  horse,  mule,  or  other  beast  of  burden  in 
such  manner  that  it  can  get  upon,  and  stand  on  the  sidewalk. 

Sec.  13.  No  person  shall  dig  into  the  wharf,  public  square, 
or  other  public  ground  belonging  to  the  city,  or  take  there- 
from any  earth,  dirt,  rock,  or  other  thing  belonging  to  such 
wharf,  public  square,  or  other  public  ground,  except  by  au- 
thority of  the  Council  ;  nor  shall  any  person  throw,  leave  or 
deposit  on  any  such  wharf,  public  square  or  other  public 
ground,  anything  which,  by  the  provisions  of  this  ordinance, 
is  forbidden  to  be  thereon  left. 

Sec.  14.  No  person  having  the  control  and  management  of 
any  factory,  work  shop,  or  other  building,  within  the  limits  of 
said  city,  shall  discharge,  or  suffer  to  be  discharged  there- 
from, any  foul  or  poisonous  liquor,  of  any  kind  whatsoever, 
into  or  upon  any  adjacent  grounds,  or  in  any  well,  vault  or 
sink  ;  or  into  any  of  the  streets,  alleys  or  other  public  high- 
ways ;  nor  shall  any  butcher  or  tallow  chandler,  keep,  collect, 
or  use,  or  cause  to  be  kept,  collected  or  used,  within  said  city, 
any  stale,  putrid  or  stinking  fat,  grease  or  other  matter  ;  nor 
shall  any  person  lay  or  throw  the  dead  carcass  of  any  ani- 
mal, or  any  excrement  or  filth,  from  any  privy,  without  cover- 
ing such  carcass,  or  excrement,  or  filth,  with  earth  sufficient 
to  prevent  any  stench  or  smell  arising  therefrom. 

Sec.  15.  No  person  shall  have  the  gutters  of  his  house  so 
constructed  or  placed,  as  to  discharge  the  waters  therefrom 
on  the  sidewalk  ;  nor  shall  any  person,  owning  or  controlling 
any  well  or  cistern,  suffer  the  waste  water  therefrom  to  be 
discharged  on  any  sidewalk  or  street. 

Sec.  16.  Any  person  who  shall  hereafter  construct,  or  cause 
to  be  constructed,  any  privy  or  privy  vault  in  the  city,  shall 
place  the  same  so  that  it  shall  be  distant,  at  least  two  feet 
from  the  line  of  the  adjoining  lot,  (unless  the  owner  of  the 


NUISANCES.  103 

adjoining  lot  shall  agree  that  it  be  placed  nearer)  and  the  same 
distance  from  the  line  of  any  street,  alley,. or  other  public 
highway.  Such  privy  vaults  shall  be  not  less  than  four  feet  in 
depth,  and  shall  be  securely  and  substantially  walled  ;  and  if 
the  depth  of  such  vault  be  six  feet  or  more,  it  shall  be  walled 
with  brick  or  stone,  in  a  substantial  and  durable  manner.  All 
privy  vaults  shall  be  so  constructed  as  to  be  easily  cleaned. 

Sec.  17.  When  any  noxious  or  offensive  odors  are  emitted 
from  any  privy,  which  may  affect  the  health  or  the  comfort  of 
the  neighborhood,  it  shall  be  the  duty  of  the  owner,  his 
agent,  or  the  occupant  of  the  premises,  to  disinfect  said 
privy  without  delay,  and  to  cleanse  it,  so  as  to  prevent  a  re- 
currence of  such  odors.  The  Marshal  or  any  health  officer  of 
the  city,  may,  upon  complaint  being  made  to  him,  order 
the  owner,  his  agent,  or  the  tenant,  to  disinfect  and  cleanse 
the  said  privy  forthwith.  If  such  order  is  not  complied  with 
within  twenty-four  hours,  the  officer  shall  proceed  to  have 
the  said  privy  disinfected  or  cleaned,  and  the  owner,  or  the 
tenant,  or  both,  when  the  order  has  been  given  to  both,  shall 
be  liable  for  all  the  expenses  thereby  incurred,  and  a  civil 
action  may  be  instituted  for  the  recovery  of  such  expenses. 
In  addition  thereto,  such  person  or  persons  shall  be  liable  to 
a  fine  for  a  violation  of  this  ordinance. 

Sec.  18.  No  person  shall  keep  any  hog  pen,  in  which  hogs 
or  pigs  ane  kept,  within  eighty  feet  of  any  dwelling  house  but 
his  own,  or  which  may,  in  any  way,  annoy  the  neighboring 
residents  ;  nor  shall  any  pig  pen,  be  so  placed,  that  the  slops 
or  filth  therefrom  will  be  discharged  on  the  land  of  the  ad- 
joining owner,  or  upon  any  street,  alley  or  other  public  highway. 

Sec.  19.  No  person  shall  use  any  building  for  a  slaughter 
house,  soap  factory,  or  tallow  chandlery,  without  first  ap- 
plying to,  and  getting  permission  from  the  Council,  to  so  use 
such  building.  The  Council  may,  in  granting  such  permis- 
sion, include  therein  such  conditions  as  a  due  regard  for  the 
health  and  comfort  of  the  public  may  seem  to  require. 

Sec.  20.  No  slaughter  house,  or  place  where  animals  are 
slaughtered,  soap  factory,  chandlery  or  glue  factory,  shall  be 
so  conducted  as  to  be  prejudicial  to  the  health,  or  an  in- 
terference with  the  comfort  of  those  in  its  vicinity.  All  per- 
son having  charge  of  any  such  business,  shall  use  all  proper 
precautions  to  prevent  annoyance  to  the  public,  and  any  per- 
son violating  any  condition  imposed  by  the  Council  in  its 
permission  to  use  any  building,  or  place  for  any  of  the  purposes 
mentioned  in  the  section  immediately  preceding,  shall  be 
deemed  to  have  violated  the  provisions  of  this  ordinance,  and 
shall   be   liable  to   a   fine  therefor.     In  addition   thereto,  the 


I04  ORDINANCES. 

Council  may  revoke  such  permission,  and  steps  may  be  taken 
to  have  the  matter  complained  of  abated  as  a  nuisance,  as  in 
this  ordinance  provided. 

Sec.  21.  No  hospital  shall  be  established,  and  no  building 
for  the  reception  and  medical  treatment  of  sick  or  diseased 
persons,  within  the  limits  of  the  City  of  Muscatine,  by  any 
person,  association  or  corporation,  without  a  special  permit 
from  the  City  Council,  authorizing-  the  establishment  of  such 
hospital,  or  the  use  of  a  building  for  the  purpose  aforesaid. 
Before  such  permit  shall  be  granted,  the  written  consent  of 
the  owners  of  not  less  than  three-fourths  of  the  block  upon 
which  such  hospital  or  building  is  situated,  and  also  a  like 
number  of  the  owners  of  the  block  opposite  thereto,  must 
first  be  had,  and  presented  to,  and  left  with,  the  Council. 

Sec.  22.  That  it  shall  not  be  lawful  for  any  person  or  com- 
pany, to  manufacture  gas.  or  erect  gas  works,  within  the  cor- 
poration, west  or  south  of  Oak  street,  or  north  or  east  of 
Broadway,  under  a  penalty  of  one  hundred  dollars  per  month 
for  every  violation. 

Sec.  23.  The  various  matters,  the  doing  of  which,  or  the 
suffering  of  which  to  be  done,  is  herein  forbidden,  are  hereby 
declared  nuisances.  In  all  cases  where  no  provision  is  made 
herein,  defining  what  are  nuisances,  and  how  the  same  may  be 
removed,  abated  or  prevented — those  offences  which  are 
known  to  the  common  law  of  the  land,  and  the  statutes  of 
Iowa,  as  nuisances,  may,  in  case  the  same  exist  within  the 
city  limits,  be  treated  as  such,  and  be  proceeded  against  as  in 
this  ordinance  provided,  or  by  any  other  law  which  shall  give 
the  tribunal  trying  the  same,  jurisdiction. 

Sec.  24.  When  any  nuisance  exists,  such  as  is  contemplated 
in  this  ordinance,  it  shall  be  the  duty  of  the  Marshal,  or 
Health  Inspector,  if  there  be  such  officer,  or  any  health  offi- 
cer, when  apprised  of  the  same  by  the  Mayor,  or  any  Alder- 
man of  said  city,  or  any  other  resident  of  the  city,  forthwith 
to  cause  the  same  to  be  removed,  abated,  or  its  further  exis- 
tence or  spread  prevented  ;  and  when  this  ordinance  does  not 
define  how  the  same  shall  be  prevented  or  removed,  the  same 
shall  be  done  by  the  Marshal  or  Health  Inspector,  or  other 
officer,  at  the  expense  of  the  person  placing  the  same  within 
the  city,  or  suffering  the  same  to  exist  on  or  about  their 
premises,  at  his,  her  or  their  expense  ;  and  for  all  abating  or 
removing  under  this,  or  by  virtue  of  any  other  law,  or  ordi- 
nance of  the  Council,  hereafter  passed,  by  the  proper  officer, 
or  under  his  instruction,  the  person  or  persons  whose  duty  it 
should  have  been  to  remove  or  abate  the  same,  shall  pay  all 
reasonable   costs    and   charges   for  the  same,   together  with 


NUISANCES.  105 

twenty  per  cent,  added  thereto,  as  a  compensation  to  the 
proper  officer  for  removing  the  same,  and  on  neglect  or  refu- 
sal to  pay  the  same,  such  person  or  persons  shall  be  liable  to 
a  fine  of  not  less  than  double  the  amount  of  such  costs,  and 
charges,  and  costs  of  suit,  to  be  recovered,  on  prosecution  of 
said  party  before  the  Police  Judge  of  said  city,  and  he,  she  or 
they  may  stand  committed,  until  such  fine  and  costs  are  paid, 
provided  such  imprisonment  shall  not  exceed  thirty  days. 

Sec.  25.  When  the  Marshal  or  Health  Inspector,  or  other 
health  officer,  shall  notify  any  person  or  persons  that  a  nuis- 
ance exists  in,  or  about,  or  on,  his,  her,  or  their  premises,  that 
he,  she,  or  they,  are  required  to  remove,  abate,  or  prevent, 
such  person  or  persons,  may  have  the  same  inquired  into, 
whether  they  are  liable  to  remove,  abate  or  prevent  said 
nuisance,  by  forthwith  notifying  the  Marshal  or  Health  In- 
spector, or  other  health  officer  of  the  fact,  and  giving  notice 
to  the  Mayor  of  said  city  within  six  hours,  that  he,  she,  or 
they,  are  not  liable  to  comply  with  the  order  of  the  Marshal, 
or  health  inspector,  or  other  health  officer,  and  he,  she  or 
they  desire  that  the  same  be  inquired  into.  Said  notice  to 
the  Mayor  shall  be  in  writing,  and  signed  by  the  party  deny- 
ing that  it  is  his,  her  or  their  duty,  to  remove,  abate,  or  pre- 
vent such  nuisances. 

Sec.  26.  It  shall  be  the  duty  of  the  Mayor,  on  his  receiving 
the  notice  in  the  last  section,  forthwith  to  inquire  into  the 
same,  to  take  testimony  in  the  matter,  and  determine  the  same 
on  the  very  right  of  the  case,  as  in  this  ordinance  required, 
or  as  the  laws  of  the  land  may  require.  And  in  case  the 
Mayor  shall  find  that  it  ib  the  duty  of  such  person  or  persons 
requiring  such  inquiry  to  be  made,  to  remove,  abate,  or  prevent 
such  nuisance, heshallenterafine  of  not  more  than  one  hundred 
dollars  and  costs  of  suit  against  such  persons,  and  shall  also 
issue  an  order  to  the  Marshal  or  Health  Inspector,  or  other 
health  officer,  to  forthwith  remove,  or  abate,  or  prevent  such 
nuisance,  and  such  person  or  persons  shall  pay  double  the 
amount  of  costs  and  charges  for  such  abatement,  removal  and 
preventing,  as  is  provided  by  this  ordinance,  and  to  be  re- 
covered in  like  manner ;  and  where  it  can  be  done,  the  ex- 
pense thereof  may  be  assessed  against  the  lot  from  which  such 
nuisance  was  removed,  and  collected  as  a  special  tax. 

14 


I06  ORDINANCES. 

CHAPTER  XXXIV. 

NUISANCES.     STAGNANT  WATER. 

An  Ordinance  providing  for  the  drainage  of  lots  or  grounds, 
on  which  water  has  been  allowed  to  remain  and  become 
stagnant. 

1.  May  be  drained  or  filled  up  by  order  2.  Neglect.    Marshal  may  fill  or  drain  at 

of  the    Council.      Notice   to  owners,   how        expense  of  city,  and  costs  become  a  lien  on 
given.  premises. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section  i.  Any  lot  or  other  ground  within  the  city,  upon 
which  water  collects,  and  becomes  stagnant,  shall  be  raised, 
filled  up,  or  drained,  as  the  Council  may  order  or  direct. 
And  it  is  hereby  made  the  duty  of  the  Marshal,  when  directed 
by  the  Council,  to  give  notice  to  the  owner  of  such  lot,  or 
other  ground,  or  the  agent  or  proper  representative  of  such 
owner,  if  residing  in  the  city,  and  to  non-resident  proprie- 
tors, who  have  no  agent  or  representatives,  by  publication  in 
some  newspaper  printed  in  said  city,  for  one  week,  to  fill  up 
such  lot  to  such  height,  or  to  drain  it  in  such  manner  as  the 
order  of  the  Council  may  designate,  which  shall  be  done 
within  twenty  days  after  the  service  of  such  notice,  or  the  ex- 
piration of  the  time  limited  for  the  publication  aforesaid. 

Sec.  2.  If  such  owner,  or  the  agent  or  representative  of 
such  owner,  shall  refuse  or  neglect  to  fill  up  or  drain  such  lot 
or  other  ground,  in  the  manner  and  within  the  time  pre- 
scribed in  the  order  of  the  Council  for  such  filling  or  draining, 
the  Marshal  shall  have  the  same  done  at  the  expense  of  the 
city,  and  report  the  amount  thereof,  with  all  costs  arising 
therein,  to  the  City  Council,  and  the  Council  shall  thereupon 
assess  such  expense  and  costs  on  the  lot  or  lots,  or  other 
ground  so  filled  or  drained,  as  a  special  tax,  which  special 
tax  shall  bear  the  same  rate  of  interest,  and  be  collected  as 
other  special  taxes  are  collected. 


CHAPTER  XXXV. 

NUISANCES.     SURFACE  AND  OTHER  WATERS. 

An  Ordinance  in  relation  to  surface  and  other  waters,  and 
to  prohibit  obstructions  to  the  flow  thereof. 

I.  Owners  or  lessee  of  lot  or  other  ground 
over  which  surface  or  other  water  drains, 
grading  or  filling  it,  must  provide   proper 


passage  way  for  such  water.  Must  make  no 
dam  or  embankment  to  obstruct  the  flow 
of  such  water,  or  cause  it  to  gather  on  the 


public  thoroughfares,  public  property,  or  the 
private  property  of  another. 

2.  When  city  may  make  such  drain,  or 
passage  way,  and  tax  the  cost  of  the  same 
to  the  property. 

3.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section  i.  That  where  any  owner,  or  lessee  of  any  lot,  or 


I 


SURFACE   AND   OTHER   WATERS.  10/ 

part  of  lot,  or  other  tract  of  ground,  within  the  limits  of  this 
city,  extending  into,  across,  or  bordering  on  any  hollow  or 
ravine,  which  constitutes  a  drain  for  surface  water,  or  a  water 
course  of  any  kind,  is  desirous  of  grading  or  filling  the  same, 
and  such  grading  or  filling,  or  any  dam  or  embankment  that 
he  may  erect,  or  cause  to  be  erected,  on  such  lot  or  part  of 
lot,  or  other  tract,  will  have  the  effect  to  obstruct  the  flow 
of  such  water,  and  cause  the  same  to  accumulate  on  any 
public  thoroughfare  or  public  property,  or  on  any  private 
property  within  the  limits  of  the  city,  belonging  to  another, 
he  shall  construct  a  drain  or  passage  way  through  such  lot, 
part  of  lot  or  ground,  of  sufficient  capacity  to  readily  carry 
off  and  discharge  such  water,  at  some  place  on  such  lot,  part 
of  lot  or  ground,  where  such  waters  have  been  accustomed  to, 
and  would  naturally  flow. 

Sec.  I.  If  such  drain  or  passage  is  not  properly  constructed, 
or  is  of  insufficient  capacity,  or  from  any  cause  fails  to  carry 
off  the  water  with  reasonable  promptitude,  the  Council  may, 
on  complaint  being  made  to  it,  designate  the  size,  kind, 
length,  and  course  of  such  drain  or  passage  way,  and  the  time 
within  which  it  shall  be  completed.  If  the  owner  or  lessee  of 
such  lot,  part  of  lot,  or  tract  of  ground,  fail  to  make  such 
drain  or  passage  way  of  the  kind,  or  within  the  time,  pre- 
scribed by  the  Council,  the  Council  may  order  a  proper  and 
sufficient  drain,  or  passage  way,  to  be  made  over  or  through 
said  lot,  part  of  lot,  or  tract  of  ground,  at  the  expense  of  the 
owner,  and  assess  the  cost  thereof  as  a  special  tax  on  the  lot, 
or  part  of  lot  or  ground,  through  or  upon  which  such  drain  or 
passage  way  may  have  been  constructed. 

Sec.  3.  Any  such  owner  or  lessee  making  such  drain  or  em- 
bankment, or  doing  such  grading  or  filling,  without  making 
the  drain  or  passage  way  herein  required,  and  water  is  thereby 
accumulated  in  the  public  thoroughfares  of  the  city,  or  upon 
the  property  of  the  city,  or  the  property  of  private  individuals, 
shall  further  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  be  punished  by  a  fine  of  not  less  than  five,  nor 
more  than  one  hundred  dollars. 


io8 


ORDINANCES. 


CHAPTER  XXXVI. 

OFFICERS. 

An  Ordinance  relating  to  certain  Officers  of  the   City,  and 
their  duties. 


1.  Mayor  shall  see  that  the  ordinances  of 
the  city  are  observed  and  enforced.  May, 
with  the  approval  of  the  Council,  remit  for- 
feitures and  penalties.  Shall  from  time  to 
time  give  information,  and  make  recommen- 
dations to  the  Council. 

2.  Shall  call  special  meetings  of  the  Coun- 
cil; when.  Marshal  to  notify  members  of 
such  special  meetings. 

3.  To  preside  at  meetings  of  the  Council, 
and  give  the  casting  vote. 

4.  Has  general  supervision  over  city  offi- 
cers, and  may  examine  into  the  condition  of 
the  business  of  their  offices. 

5.  To  report  to  the  Council,  official  derelic- 
tions. Must  call  meeting's  of  Council  when 
the  city  funds  are  endangered. 

6.  Is  conservator  of  the  peace,  and  may 
call  to  his  aid  any  male  inhabitant  in  re- 
pressing violations.  Penalty  for  failing  to 
obey  order  of  Mayor. 

7.  Shall  sign  all  contracts  in  behalf  of  the 
city,  and  see  that  they  are  complied  with. 

8.  Shall  deliver  receipts  of  the  Treasurer 
to  the  Recorder. 

9.  Salary  of  Mayor. 

10.  Aldermen,  duties  of.  When  lined  for 
non-attendance  on  meetings  of  Council. 

11.  Salary  of  Aldermen. 

12.  The  Recorder  shall  take  charge  of  city 
seal,  when  directed  by  the  Mayor,  and  suffer 
no  one  to  handle  it  but  himself  and  the 
Mayor.  He  shall  have  the  charge  of  all 
public  papers  and  records,  and  shall  record 
all  bonds. 

13.  Shall  furnish  the  Mayor  with  an  ab- 
stract of  unfinished  business,  and  keep  a 
record  of  Council  proceedings.  Shall  re- 
cord, attest,  and  index  ordinances,  and  pre- 
serve proof  of  their  publication. 

14.  Shall  make  report  to  the  (Jouncil  of  all 
monies  received  and  expended  during  the 
year,  from  what  source  received,  and  for 
what  purposes  expended. 


15.  Recorder  to  furnish  copies  to 'any  city 
officer,  and,  upon  payment,  to  others. 

16.  Salary  of  Recorder. 

17.  City  Collector  to  make  full  report,  for 
the  past  year,  to  the  City  Council,  in  Jan- 
uary,   What  the  report  must  contain. 

18.  Compensation  of  City  Collector. 

19.  Treasurer  to  receive  money  belonging 
to  the  city,  and  pay  the  same  out  as  or- 
dered by  the  C^ouncil.  Must  make  report  in 
March;  what  such  report  must  show. 

20.  To  keep  an  accurate  account  of  monies 
received  and  disbursed  by  him.  How  his 
accounts  are  to  be  kept. 

21.  Must  pay  orders  out  of  the  fund  in 
which  they  are  drawn.  When  warrants  or 
orders  may  bear  interest. 

22.  Must  deliver  to  his  successor,  books, 
papers,  money,  etc.,  belonging  to  the 
city. 

23.  Salary  of  Treasurer. 

24.  Street  Commissioner  must  see  that 
streets  and  alleys  are  kept  in  proper  repair 
When  he  shall  confer  with  the  Committee  on 
Streets  and  Alleys.  Can  make  no  improve- 
ment except  by  order  of  the  Council. 

25.  To  employ  labor  for  the  streets. 

26.  Must  report  to  the  Council  at  each 
regular  meeting.  What  such  report  must 
set  forth.  Duty  of  Council  when  such  re- 
port is  presented. 

27.  Mayor  must  furnish  the  Council  at  its 
first  meeting  in  April,  an  estimate  of  street 
expenditures  ior  the  year.  Estimate  con- 
curred in  by  Council  to  serve  as  a  guide  for 
such  expenditures. 

28.  Salary  of  Street  Commissioner. 

29.  Duties  of  other  officers. 

30.  Officers  of  the  city  prohibited  from 
using  city  funds  for  their  own  use,  or  specu- 
lating therewith. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 


MAYOR. 


Section  i.  That  the  Mayor  shall  be  the  chief  executive 
officer  of  the  city,  and  shall  see  that  the  ordinances  of  the 
city  are    duly  respected,  observed  and    enforced,   within  the 


I 


>'  OFFICERS.  109 

limits  of  the  city.  He  shall  have  power,  with  the  approval 
of  the  Council,  to  remit,  in  whole  or  in  part,  forfeitures  and 
penalties,  accruing  under,  or  imposed  for  the  violation  of  any 
ordinance  of  the  city,  and  he  shall,  from  time  to  time,  give  to 
the  Council  information  concerning  the  affairs  of  the  city7 
and  recommend  to  its  consideration  such  measures  as  he  may 
deem  of  importance  to  the  interests  of  the  city. 

Sec.  2.  He  shall,  on  the  request  of  any  two  members  of 
the  Council  from  different  wards,  call  special  sessions  of  the 
City  Council,  by  notice  given  through  the  Marshal,  or  his  as- 
sistant. He  may,  on  his  own  motion,  call  such  meetings, 
whenever,  in  his  judgment,  the  interests  of  the  city  require  it, 
and  direct  the  Marshal  to  serve  notice  thereof.  When  special 
meetings  are  called,  the  Council  shall,  when  assembled,  be  in- 
formed of  the  cause  for  which  it  has  been  convened. 

Sec.  3.  He  shall  be  present  at  all  meetings  of  the  Councih 
and  shall  act  as  President  thereof;  and  when  there  is  a  tie 
upon  any  question  before  the  Council,  he  shall  give  the  cast- 
ing vote.     He  shall  sign  all  ordinances  passed  by  the  Council. 

Sec.  4.  The  Mayor  shall  have  a  general  supervision  over 
all  city  officers,  and  may,  as  often  as  he  shall  deem  necessary, 
examine  into  the  condition  of  their  respective  offices,  the 
books,  papers  and  records  therein,  the  manner  in  which 
the  business  of  the  office  is  conducted,  and  may  call  upon  the 
officers  of  the  city  for  information,  in  relation  to  any  matter 
pertaining  to  the  business  of  their  office. 

Sec.  5.  The  Mayor  shall  report  to  the  Council  all  violations 
or  neglect  of  duty,  on  the  part  of  any  city  officer,  which  shall 
come  to  his  knowledge,  and  when  he  believes  the  city  funds, 
or  property,  are  liable  to  be  lost  or  injured,  or  in  any  manner 
endangered,  he  shall  at  once  call  a  meeting  of  the  Council, 
for  the  purpose  of  taking  action  in  relation  thereto. 

Sec.  6.  He  shall  be  a  conservator  of  the  peace,  within  the 
city,  and  may  call  to  his  assistance  the  police,  and  if  necessary, 
any  male  inhabitant  of  said  city,  to  aid  him  in  quelling  or 
preventing  any  riot,  disorder,  or  unlawful  assembly,  or  in  pre- 
venting or  restraining  any  breach  of  the  peace,  within  said 
city.  Any  police  officer,  or  male  inhabitant  of  the  city,  who, 
when  so  called  upon,  shall  refuse  to  obey  the  orders  of  the 
Mayor,  shall,  on  conviction  thereof,  be  fined  in  a  sum  of  not 
less  than  five,  nor  more  than  one  hundred  dollars. 

Sec.  7.  In  all  contracts  between  the  city  and  any  other 
party,  he  shall  sign  the  same  in  behalf  of  the  city,  ex- 
cept when  otherwise  provided,  and  it  shall  be  his  special  duty 
to  see  that  the  other  contracting  party  faithfully  complies  with 
his,  their,  or  its  part  of  the  contract. 


no  ORDINANCES.  * 

Sec.  8.  He  shall  deliver  to  the  City  Recorder,  all  receipts 
of  the  City  Treasurer,  upon  which  license,  permits,  etc.,  have 
been  granted,  to  the  end  that  the  several  amounts  therein 
mentioned,  may  be  charged  up  against  the  City  Treasurer. 
He  shall  also  perform  all  other  duties  required  of  him  by  the 
City  Charter,  and  the  various  ordinances  of  the  city,  and 
resolutions  of  the  Council,  and  generally  to  look  after  and  see 
that  the  interests  of  the  city  are  protected. 

Sec.  9.  The  Mayor  shall  receive  a  salary  of  three  hundred 
dollars  per  annum,  which  shall  be  payable  quarter  yearly. 

ALDERMEN. 

Sec.  10.  Each  Alderman  shall  perform  such  duties  as  are 
required  of  his  office  by  the  Charter  and  ordinances  of  the  city. 
It  shall  be  his  duty  to  attend  every  meeting  of  the  Council, 
general  and  special,  of  which  he  has  had  notice,  and  on  fail- 
ure to  attend  any  of  such  meetings,  he  shall  forfeit  the  sum 
of  three  dollars,  to  be  taken  out  of  his  salary.  Such  forfeiture 
may  be  remitted  by  the  Council,  only  when  such  absence  is 
occasioned  by  the  sickness  of  himself,  or  of  some  member  of 
his  family,  absence  from  the  city,  or  other  unavoidable  cause. 

Sec.  II.  The  Aldermen  shall  each  receive  a  salary  of  one 
hundred  dollars  per  annum,  for  their  official  services. 

RECORDER. 

Sec.  12.  The  Recorder  shall,  when  so  directed  by  the 
Mayor,  have  charge  of  the  common  seal  of  the  city,  and  shall 
affix  it  to  all  public  instruments,  or  official  acts  of  the  Mayor, 
which  by  law  or  ordinance  are  required  to  be  attested  by  the 
city  seal.  He  shall,  while  said  seal  is  in  his  charge,  deposit  it 
in  some  secure  place,  and  permit  no  one  to  handle  or  use 
it  but  himself  and  the  Mayor.  He  shall  have  the  control  of, 
and  safely  keep,  all  public  records,  documents  and  bonds,  ex- 
ecuted to  the  city;  ordinances,  resolutions  and  orders  of  the 
City  Council,  and  such  other  papers  and  documents,  pertain- 
ing to  city  affairs,  as  may  be  delivered  into  his  custody.  It 
shall  be  the  duty  of  the  Recorder  to  record  at  length,  in  his 
journal,  or  in  a  separate  book  kept  for  that  purpose,  all  official 
and  other  bonds  taken  by  the  city. 

Sec.  13.  He  shall  attend  all  sessions  of  the  Council,  and 
shall  furnish  the  Mayor  with  an  abstract  of  all  unfinished 
business  ;  he  shall  keep  a  true  and  faithful  journal  of  the  pro- 
ceedings of  the  Council,  and  shall  also  enter  in  a  separate 
book,  to  be  entitled,  "Ordinance  Book,"  a  record  of  all  ordi- 
nances passed  by  the  Council,  with  their  titles,  and  the  times 
when  they  were  passed.  Each  ordinance,  when  so  entered, 
shall  be  signed  by  the  Mayor  in  the  "Ordinance  Book,"  and 


OFFICERS.  Ill 

attested  by  the  Recorder.  All  ordinances  not  published  in 
book  form,  shall  be  properly  indexed  in  alphabetical  order. 
He  shall  see  that  each  ordinance  is  published  as  directed  by 
the  Council,  and  in  the  manner  required  by  the  Charter.  He 
shall  also  procure  and  preserve  a  printed  copy  of  each  ordi- 
nance passed  by  the  Council,  by  having  the  same  pasted  in  a 
proper  manner,  in  a  book  for  that  purpose,  together  with  the 
proof  of  its  publication.  Such  printed  copy  and  proof  may 
be  preserved  in  the  ordinance  book. 

Sec.  14.  It  shall  be  the  duty  of  the  Recorder  to  prepare 
and  have  ready,  for  the  inspection  of  the  Council,  at  the  last 
regular  meeting  of  the  outgoing  Council  in  March  of  each 
year,  a  full  report  of  all  monies  received  and  expended  by  the 
city,  since  the  last  annual  election,  with  the  source  from  which 
the  monies  were  derived,  and  the  purposes  for  which  they 
were  expended.  He  shall  report  at  the  end  of  his  term,  the 
amount  of  orders  allowed,  and  not  drawn,  in  his  hands,  be- 
longing to  different  persons  ;  and  he  shall  also  perform  such 
other  duties  as  are,  or  may  be,  required  of  him  by  ordinance 
or  resolution,  or  order  of  the  City  Council. 

Sec.  15.  It  shall  be  his  duty  to  furnish  to  any  city  officer  a 
copy  of  any  record,  paper,  or  other  public  document,  made  or 
filed  in  his  office,  when  the  same  may  be  necessary  to  said 
officer  in  the  discharge  of  his  official  duties.  He  shall  also 
furnish  such  copies  to  any  other  person  that  may  desire  the 
same,  on  the  payment  to  him  of  twelve  and  a  half  cents  per 
hundred  words. 

Sec.  16.  The  Recorder  shall  receive  a  salary  of  five  hun- 
dred dollars  per  annum.  In  addition  to  the  above  allowance, 
the  Recorder  shall  be  entitled  to  fees  that  are  now,  or  here- 
after may  be  allowed,  for  issuing  licenses,  making  certificates, 
furnishing  transcripts  of  papers  and  records  in  his  office,  and 
for  affixing  the  seal  of  the  city  to  such  transcripts,  for  which 
latter  service,  he  shall  receive  the  same  compensation  allowed 
the  clerk  of  the  District  Court,  for  similar  services.  In  no 
case,  however,  shall  the  city  be  required  to  pay  for  such 
services. 

COLLECTOR. 

Sec.  17.  The  Collector  of  taxes  for  the  city,  shall,  in  addi- 
tion to  other  reports  required  of  him  by  ordinance,  make  a 
full  report  to  the  Council,  at  its  last  meeting  in  January  of 
each  year,  in  which  he  shall  state  the  gross  amount  of  city 
taxes  collected  by  him,  for  the  year  then  ending.  He  shall,  in 
such  report,  classify  the  different  funds,  on  account  of  which 
taxes  have  been  collected,  and  state  what  amount  of  tax  be- 
longing to  each  of  said  funds  has  been  collected.     He  shall 


112  ORDINANCES. 

also  state  the  amounts  paid  to  the  Treasurer,  or  to  any  other 
person  or  persons,  to  whom  he  has  authority  to  pay  any  part 
of  the  taxes  so  collected,  and  what  balances,  if  any,  are  on 
hand,  and  the  various  funds  to  which  such  balances  belong", 
and  receipts  for  all  monies  paid  out  by  him,  which  were  col- 
lected on  city  taxes,  and  shall  exhibit  the  same  to  the  Mayor, 
or  any  committee  of  the  Council,  whose  duty  it  maybe  to  ex- 
amine into  and  report  upon  the  finances  of  the  city,  or  to 
make  any  settlement  with  him.  He  shall  deliver  to  his 
successor  in  office,  all  books  and  papers  which  may  have  come 
into  his  hands,  as  City  Collector,  and  shall  pay  to  the  Treasurer 
all  money  then  in  his  hands,  belonging  to  the  city. 

Sec.  i8.  The  City  Collector  shall  receive  two  per  cent,  on 
all  taxes  collected  by  him,  which  shall  be  full  compensation 
for  all  his  services. 

TREASURER. 

Sec.  19.  It  shall  be  the  duty  of  the  Treasurer  to  receive 
and  pay  out,  according  to  the  requirements  of  the  Council, 
money  realized  by  the  city  from  its  various  sources  of  reve- 
nue. He  shall,  at  the  last  regular  meeting  of  the  outgoing 
Council,  in  March  of  each  year,  make  out  and  present  a 
regular  annual  report  of  all  monies,  or  other  property  of  the 
city,  which  came  into  his  hands  during  the  year  then  ending. 
In  this  report  he  shall  state  the  different  sources  from  which 
the  money  was  derived,  and  the  amount  derived  from  each 
source.  He  shall  also,  in  such  report,  state  the  amounts  paid 
out,  and  on  what  account. 

Sec.  20.  He  shall  keep,  in  a  suitable  book  or  books,  to  be 
furnished  by  the  city,  a  full  and  accurate  account  of  all  monies, 
funds  or  other  property,  received  and  disbursed  by  him  for 
the  city,  specifying  when,  to  whom,  and  on  what  account.  He 
shall  keep  the  account  of  each  source  of  revenue  to  the  city, 
separate  and  distinct  from  any  other,  crediting  it  with  all 
funds  received,  and  charging  it  with  all  payments  made  on  ac- 
count thereof 

Sec.  21.  He  shall  pay  orders,  or  warrants,  drawn  against  a 
particular  fund,  only  out  of  the  money  belonging  to  such 
fund.  If,  at  the  time  such  orders  or  warrants  are  presented 
to  him  for  payment,  there  is  not  in  his  hands,  money  belong- 
ing to  the  fund,  against  which  such  warrants  or  orders  are 
drawn,  he  shall  endorse  on  such  warrants,  or  orders,  the 
words  :  "  Presented  for  payment,"  (noting  the  date)  and  shall 
sign  the  same  in  his  official  capacity.  Such  warrants  or 
orders,  shall  thereupon  bear  interest  at  the  rate  of  six  per 
cent,  per  annum  from  the  time  they  were  so  presented.  He 
shall  make  an  entry  of  the  number,  date   and   amount,  of  all 


OFFICERS.  113 

such  orders,  to  whom  payable,  and  on  what  fund,  and  the 
date  of  their  presentment,  and  shall  make  report  of  the  same 
to  the  Council,  in  his  monthly  reports. 

Sec.  22.  He  shall  deliver  to  his  successor  in  office,  all  books^^ 
papers,  monies,  and  every  thin^  pertaining  to  his  office. 

Sec.  23.  The  salary  of  the  City  Treasurer  shall  be  four 
hundred  dollars  per  annum. 

STREET  COMMISSIONER. 

Sec.  24.  It  shall  be  the  duty  of  the  Street  Commissioner  to 
see  that  the  streets  and  alleys,  and  other  public  highways  of 
the  city,  are  kept  in  good  and  proper  repair,  and  to  superin- 
tend such  repairs.  When  improvements  are  ordered  to  be 
made  on  any  street,  or  other  public  highway,  by  the  Council, 
such  improvement  shall  be  made  under  his  supervision,  and 
pursuant  to  such  order.  In  repairs,  involving  more  than  or- 
dinary expenditure,  he  shall,  in  making  such  repairs,  confer 
with,  and  act  under,  the  direction  of  the  Committee  on  Streets 
and  Alleys.  No  improvement  shall  be  made  on  any  street, 
alley,  or   other  public   road,  except  by  order  of  the   Council. 

Sec.  25.  The  Street  Commissioner  shall  have  power  to  em- 
ploy such  labor  as  may  be  needed  for  work  on  the  public 
highways  of  the  city,  at  such  rates  as  the  Council  may  fix  by 
order  or  resolution. 

Sec.  26.  The  Street  Commissioner  shall,  at  each  and  every 
regular  meeting- of  the  Council,  make  a  full  report  of  his  do- 
ings, which  report  shall  show  : — 

1st.  The  name  of  each  person  employed  by  him. 

2d.  The  time  which  each  person  performed  labor,  and  the 
kind  of  labor. 

3d.    The  amount  due  to  each  person  for  such  labor. 

4th.  Upon  what  street  or  alley,  or  other  highway,  such 
labor  was  performed. 

The  Council  shall  thereupon,  if  satisfied  of  the  correctness 
of  such  report,  order  that  the  persons  who  have  done  such 
labor,  be  paid  for  the  same  out  of  the  road  fund,  and  their  re- 
ceipts taken  therefor. 

Sec.  27.  It  shall  be  the  duty  of  the  Mayor  at  the  first 
regular  meeting  of  the  Council,  in  April,  of  each  year,  to  pre- 
pare and  present  to  the  Council,  for  its  consideration,  an  es- 
timate of  the  amount  that  will  probably  be  needed  for  road 
purposes,  for  the  year  commencing  on  the  first  day  of  March, 
previous.  Such  estimate  may  be  enlarged,  diminished  or  ac- 
cepted without  change,  by  the  Council.  The  estimate,  con- 
curred in  by  the  Council,  shall  be  furnished  to  the  Street  Com- 

15 


114 


ORDINANCES. 


missioner,  and  shall  serve  as  a  limit  to  him  for  work  done  on 
the  streets.  In  no  event  shall  work  be  done,  by  his  direction, 
beyond  the  amount  of  such  estimate. 

Sec.  28.  The  Street  Commissioner  shall  receive  an  annual 
salary  of  six  hundred  dollars,  and  shall  perform  such  other 
duties  as  may  be  required  of  him  by  ordinance,  or  any  order 
or  resolution  of  the  Council. 

Sec.  29.  The  duties  of  all  other  officers  of  the  city,  not  men- 
tioned herein,  shall  be  such  as  are  severally  defined  in  the 
Charter,  laws  of  the  State,  or  ordinances  of  the  city,  creating 
and  regulating  the  functions  of  their  respective  offices. 

Sec.  30.  Any  officer  of  the  city,  who  may  have  the  care, 
custody  or  control  of  any  funds,  or  evidence  of  debt,  belong- 
ing to  the  city,  who  shall  use  the  same  for  his  own  purposes, 
or  speculate  therein,  in  any  manner,  shall  upon  conviction 
thereof,  be  subject  to  a  fine  of  not  more  than  one  hundred 
dollars  for  each  and  every  offence. 


CHAPTER  XXXVII. 

POLICE   JUDGE. 

An  Ordinance  relating  to  Police  Judge. 


1.  Daily  sessions. 

2.  To  keep  a  docket.  What  entries  to  be 
made.    Writs  to  be  issued. 

3.  Criminal  actions,  how  commenced. 
When  in  the  presence  of  the  court.  When 
by  information. 

4.  Warrants  to  issue,  when. 

5.  Warrants,  how  served. 

6.  Proceedings  in  court,  how  conducted. 
No  change  of  venue. 

7.  Prisoners  may  be  admitted  to  bail.  By 
whom  and  how. 

8.  Bond  to  be  filed,  and  may  be  for- 
feited. 


9.  Parties  failing   to  give  bond,  may  be 
confined,  how  long. 

10.  Witnesses,  how  produced. 

11.  Witnesses  liable  for  contempt,  for  fail- 
ing to  appear. 

12.  Kefusal  to  testify.    Result  of. 

13.  Trial  by  jury.    Form  of  verdict. 

14.  To  imprison  for  non-payment.    When 
and  how  long. 

15.  Report  to  Council,  when,    and   how 
made. 

16.  Fees  of  witnesses  and  jurors. 

17.  Fees  of  Police  Judge,  when  paid  by 
the  city. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  there  shall  be  a  daily  session,  (Sundays 
excepted)  of  the  Police  Judge's  Court,  commencing  at  such  an 
hour  as  the  court  may  designate. 

Sec.  2.  The  Court  shall  keep  a  docket,  in  which  shall  be  en- 
tered, in  continous  order,  a  brief  synopsis  of  the  proceed- 
ings in  each  cause,  including  the  names  of  the  parties,  the 
nature  of  the  complaint,  the  issue  of  the  process,  the  return 
thereof,  and  when  the  same  shall  have  been  issued,  the  ap- 


POLICE  JUDGE.  115 

pearance  of  the  respective  parties  ;  every  adjournment,  stat- 
ing at  whose  instance,  and  for  what  time  ;  the  trial,  whether 
by  the  Police  Judge  or  a  jury  ;  the  verdict  and  judgment  ;  the 
issuing  of  execution  or  mittimus,  when  done  ;  the  taking  and 
allowance  of  appeals  (if  any),  and  note  all  motions  made, 
and  whether  sustained  or  overruled. 

Sec.  3.  Penal  actions,  for  the  violation  of  any  ordinances  of 
laws  of  the  city,  may  be  commenced  by  either  of  the  fol- 
lowing methods  : 

1st.  Whenever  the  matter  complained  of  was  committed 
within  the  knowledge  or  view  of  the  Police  Judge,  he  may 
direct  any  peace  officer,  to  arrest  and  bring  such  person  before 
him  forthwith,  without  a  warrant. 

2d.  By  information,  which  shall  be  subscribed  and  sworn  to, 
by  the  person  making  the  same,  and  which  shall  contain  the 
name  of  the  party,  if  the  defendant  be  known,  and  if  not, 
then  such  name  as  may  be  given  by  the  party  complaining. 
Also  a  statement  of  the  facts  constituting  the  offence  ;  the 
time  and  place  of  the  commission  of  the  same,  as  near  as 
may  be. 

Sec.  4.  Upon  the  filing  of  the  information,  the  Police 
Judge,  may  at  his  direction,  issue  a  warrant,  directed  to 
the  Marshal,  who  upon  receiving  such  warrant,  must  serve  the 
same,  by  taking  the  defendant  into  custody,  and  bringing  him 
before  the  Police  Judge. 

Sec.  5.  The  officer  serving  a  warrant,  shall  make  due  re- 
turn on  the  back  of  the  same  ;  and  if  any  officer  shall  have 
arrested  a  party  without  a  warrant,  he  shall  file  in  the  office 
of  the  Police  Judge,  an  information  against  the  person  ar- 
rested, as  required  by  section  3,  of  this  ordinance. 

Sec.  6.  The  proceedings  in  the  Police  Judge's  Court,  shall 
be  conducted  in  the  same  manner,  as  is  or  may  be  prescribed 
by  the  laws  of  the  State  of  Iowa,  in  reference  to  trials  and 
examinations  in  criminal  cases,  before  Justices  of  the  Peace 
and  Magistrates,  and  parties  to  suits  therein,  shall  be  entitled 
to  the  same  rights  (except  as  herein  otherwise  provided), 
remedies  and  appeals  that  are,  or  may  be  prescribed  by  the 
laws  of  the  State  of  Iowa,  in  criminal  cases  before  Justices  of 
the  Peace.  Provided,  nothing  in  the  section  shall  be  con- 
strued to  allow  any  party  a  change  of  vemie,  in  cases  of  a 
violation  of  the  ordinances  of  the  city. 

Sec.  7.  Any  person  in  the  custody  of  the  City  Marshal,  or 
any  police  officer,  for  a  violation  of  any  city  ordinance,  may 
be  admitted  to  bail,  by  giving  bond  to  the  city,  with  security 
to  be  approved  by  the  Mayor,  or  Police  Judge,  or  Marshal,  in 
such  amount  as  they  may  specify,  conditioned  that  he  will  ap- 


Il6  ORDINANCES. 

pear  on  a  day,  in  the  bond  named,  before  the  Police  Judge 
and  answer  the  accusation  for  which  he  has  been  arrested, 
and  not  depart  the  court  without  leave. 

Sec.  8.  Said  bond  shall  be  filed  in  the  office  of  the  Police 
Judge,  and  if  the  defendant  shall  fail  to  appear,  according  to 
the  conditions  of  the  bond,  the  Police  Judge  shall  enter  a  de- 
fault thereon,  and  the  city  shall  order  suit  to  be  brought  in 
the  usual  mode. 

Sec.  9.  A  party  in  custody,  who  cannot  be  tried  because 
of  the  absence  of  witnesses,  or  other  sufficient  cause,  may,  at 
the  discretion  of  the  Police  Judge,  be  required  to  enter  into 
a  recognizance  for  his  appearance  at  the  trial,  as  provided  in 
the  seventh  section  of  this  ordinance,  and  on  failure  so  to  do, 
may  be  confined  in  jail  till  such  trial.  Provided,  however, 
that  if  the  continuance  was  had  at  the  instance  of  the  city, 
he  shall  not  be  confined  (except  when  Sundays  intervene) 
over  forty-eight  hours. 

Sec.  10.  The  Police  Judge  shall  issue  subpoenas  for  all  wit- 
nesses desired  by  either  party,  which  may  be  served  by  any 
police  officer,  or  any  other  person  appointed  by  the  Police 
Judge,  for  that  purpose,  by  reading  the  same  to  the  persons 
named  therein,  and  the  officer  or  other  person  so  appointed, 
shall  endorse  thereon  the  manner  of  executing  the  same. 

Sec.  II.  Any  wittness,  duly  summoned,  failing  to  appear, 
may  be  compelled  by  attachment  to  attend  and  shall,  more- 
over, be  fined  in  a  sum  not  exceeding  ten  dollars,  for  a  con- 
tempt of  the  Court,  with  the  costs  of  the  attachrnent 

Sec.  12.  A  witness  appearing,  who  shall  refuse  to  be  sworn, 
or  shall  refuse  to  answer  any  question  deemed  proper  by  the 
Court,  not  inconsistent  with,  or  exempted  by  the  State  laws, 
and  all  persons  who  shall  conduct  themselves  contemptously 
toward  the  court,  or  shall  by  noise  or  otherwise,  hinder,  or 
disturb  the  proceedings  of  the  court,  may  be  fined  in  any  sum 
not  exceeding  fifty  dollars. 

Sec.  13.  That  whenever  a  case  is  tried  by  a  jury,  their  ver- 
dict in  all  cases,  for  a  violation  of  ordinances,  shall  be  in  the 
following  form  :  We,  the  jury,  find  the  defendant  (guilty  or 
not  guilty,  as  the  case  may  be)  of  the  offence  charged. 

Sec.  14.  Whenever  any  person,  charged  with  a  violation  of 
any  of  the  ordinances  of  the  city,  pleads  guilty,  or  on  trial, 
either  by  the  Police  Judge,  or  a  jury,  is  found  guilty,  the 
Police  Judge  shall  render  a  judgment,  that  the  defendant  be 
fined,  (according  to  the  nature  of  the  offence  charged)  and  the 
penalty  prescribed  by  the  ordinance,  for  a  violation  of  which 
the  defendant  has  been  convicted,  in  a  sum  not  exceeding  one 
hundred  dollars,  and  that  the  defendant  be  committed  to  the 


POLICE. 


117 


I 


city  jail,  till  said  fine  and  costs  are  paid  (provided  such  pen- 
alty is  a  fine),  and  if  the  fine  and  costs  are  not  paid  at  the 
time  of  the  rendition  of  the  judgment,  or  an  appeal  taken, 
then  it  shall  be  the  duty  of  the  Police  Judge,  to  issue  a  mitti- 
mus, commiting  such  defendant  to  the  city  jail,  till  said  fine 
and  costs  are  paid.  Provided,  such  imprisonment  shall  not 
exceed  thirty  days. 

Sec.  15.  That  it  shall  be  the  duty  of  the  Police  Judge,  to 
furnish  the  City  Council,  at  its  first  meeting,  in  the  months  of 
January,  April,  July  and  October,  with  a  full  report  of  the 
number  of  criminal  cases,  under  the  ordinances  of  the  city. 
Also,  the  amount  of  fines  imposed,  and  those  collected  under 
the  city  ordinances.  Also,  the  number  of  cases,  in  which 
judgment  was  rendered  against  the  city,  during  the  preceding 
quarter,  and  to  pay  over  to  the  Treasurer  monthly,  all  money 
collected  as  fines  and  forfeits. 

Sec.  16.  Witnesses  and  jurors,  in  the  Police  Judge's  Court, 
shall  be  entitled  to  the  same  fees,  as  are,  or  may  be  allowed, 
under  the  State  laws,  for  attendance  and  services,  before  Jus- 
tices of  the  Peace. 

Sec.  17.  The  Police  Judge  shall  receive  fees  as  costs,  such  as 
are  now  or  hereafter  shall  be  provided  for  by  law  for  justices 
of  the  peace,  for  similar  service  ;  but  in  all  the  proceedings 
to  enforce  the  ordinances  of  the  City  of  Muscatine,  where 
the  information  is  made  by  a  city  officer,  under  the  ordinances, 
and  the  costs  can  not  be  made  out  of  the  defendant,  the 
Police  Judge  shall  be  paid  by  the  City  of  Muscatine,  the  same 
fees  as  are  paid  to  Justices  of  the  Peace,  by  the  county  in 
criminal  cases. 


CHAPTER  XXXVIII. 


police. 


An  Ordinance  in  relation  to  the  Police  of  the  city. 


1.  Of  what  the  police  force  of  the  city 
shall  consist.  Temporary  police,  when  they 
may  be  appointed. 

2.  Jurisdiction  of  police. 

3.  Must  take  an  official  oath. 

4.  Duties  of  Marshal. 

5.  May  arrest  without  warrant,  when. 
Duties  respecting  vagrants,  and  suspicious 
characters.  May  enter  house  or  enclosure, 
when. 


6.  When  police  may  call  inhabitant  of 
city  to  aid  him.     Penalty  for  refusing. 

7.  May  arrest  any  person  when  there  are 
reasonable  grounds  to  believe  he  has  com- 
mitted a  public  offence,  and  hold  him  until 
information  is  filed,  and  warrant  issued. 

8.  Compensation. 

9.  Must  not  serve  civil  process,  or  do  other 
business  that  will  interfere  with  police 
duties. 

10.  Misconduct  of  police.     Penalty  for. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 
Section  i.  That  the  police  force  of  said  city,  shall  consist 


Il8  ORDINANCES. 

of  the  Marshal,  (who  shall  be  elected  by,  and  hold  his  office 
at  the  will  of  the  Council),  and  one  assistant,  who  shall  be  ap- 
pointed by  the  Marshal,  subject  to  the  approval  of  the  Coun- 
cil. The  Mayor  may  direct  the  appointment  of  such  tem- 
porary policemen,  as  may  from  time  to  time  be  needed  for 
special  occasions.  He  shall  designate  the  number,  and  fix 
the  limit  of  service  of  such  temporary  policemen,  to  the 
Marshal,  who  shall  thereupon  appoint  proper  and  suitable  per- 
sons, to  act  as  such  temporary  police.  The  Marshal  shall 
furnish  to  the  Mayor,  the  names  of  persons  so  appointed,  and 
the  number  of  days  they  have  served.  The  Mayor  shall  re- 
port the  same  to  the  Council,  at  its  next  meeting,  and  his 
reasons  for  directing  the  employment  of  such  special  police. 

Sec.  2.  The  jurisdiction  of  the  police  shall  be  commen- 
surate with  the  city  limits. 

Sec.  3-  All  members  of  the  police  force,  special  as  well  as 
regular,  shall  take  an  oath  to  faithfully  perform  the  duties  of 
their  office. 

Sec.  4.  It  shall  be  the  duty  of  the  Marshal  to  cause  the 
public  peace  to  be  preserved,  and  to  see  that  all  laws  and  or- 
dinances are  enforced,  and  whenever  any  violation  thereof 
shall  come  to  his  knowledge,  or  be  reported  to  him,  he  shall 
cause  the  requisite  complaint  to  be  made,  and  see  that  all  at- 
tainable evidence  is  procured  for  the  prosecution  of  the  of- 
fender or  offenders.  He  and  his  subordinates  shall,  (in  sub- 
ordination to  the  Mayor),  in  case  of  actual  or  threatened  riot, 
tumult  or  insurrection,  personally  superintend  the  police,  and 
direct  their  movements  and  operations,  in  the  discharge  of 
their  duties. 

Sec.  5.  The  police  shall  arrest  (even  without  warrant)  any 
persons  found  in  the  act  of  violating  any  law  or  ordinance,  or 
in  any  manner  disturbing  the  peace  and  good  order  of  the  in- 
habitants ;  they  shall  arrest  any  persons  found  drunk  in  any 
of  the  highways  or  commons  of  the  city.  They  shall  keep  a 
close  watch  on  all  suspicious  characters,  and  may  order  all 
vagrants  to  leave  the  city,  under  penalty  of  arrest.  They 
shall  have  authority  to  enter  any  house,  enclosure,  or  other 
place,  where  any  crime  or  breach  of  the  peace,  or  breach  of 
any  law  or  ordinance,  has  been,  or  is  about  to  be  committed, 
and  arrest  the  offenders. 

Sec.  6.  Whenever  it  may  be  necessary  to  quell  any  riotous 
or  disorderly  conduct,  or  to  secure  the  arrest  of  any  person  or 
persons,  accused  of  any  crimes  or  the  violation  of  any  law 
or  ordinance,  the  members  of  the  police  force  are  hereby 
severally  authorized  to  call  upon  any  male  inhabitant  of  the 
city,  and  demand  his  aid  and  assistance  in  the  discharge  of 


POLICE.  119 

his  duty.  Any  male  inhabitant  so  called  upon,  who  shall  neg- 
lect, or  refuse  to  give  such  aid  or  assistance,  shall  upon  con- 
viction thereof,  be  fined  not  less  than  one  dollar,  nor  more 
than  twenty  dollars.  _^  _ 

Sec.  7.  Each  member  of  the  police  department,  shall  have 
power  to  arrest  any  person,  whom  the  officer  has  reasonable 
cause  for  believing  has  committed  a  public  offence,  and  who 
is  likely  to  escape  before  complaint  can  be  filed,  and  a  war- 
rant of  arrest  can  be  issued,  and  take  any  person  so  arrested, 
to  the  office  of  the  Police  Judge,  if  in  the  day  time,  for  trial  ; 
and  if  such  arrest  is  make  in  the  night  time,  the  officer  shall 
commit  such  person  to  jail  until  the  next  morning,  and  he 
shall  then  be  taken  to  the  Police  Judge  for  trial. 

Sec.  8.  The  Police  force,  including  special  police,  shall  re- 
ceive such  compensation  for  their  services,  as  the  Council  may 
see  proper  to  allow.  In  addition  thereto,  the  members  of  the 
police  force  shall  be  entitled  to  fees  for  serving  papers,  pro- 
cess, and  for  making  arrests,  which  fees  shall  be  the  same  as 
are  allowed  by  law  to  constables,  for  services  of  a  similar 
character  ;  but  in  no  case  is  any  charge  to  be  made  against 
the  city  for  such  services. 

Sec.  9.  The  members  of  the  police  force  shall  be  vigilant 
and  watchful,  in  properly  guarding  and  protecting  persons 
and  property  within  the  city,  and  no  member  of  the  police 
force  sail  serve  any  civil  process,  or  do  any  other  business, 
that  will  interfere  with  his  duties  as  policeman. 

Sec.  10.  Any  police  officer  who  shall  neglect,  or  refuse  to 
perform  any  duty  required  of  him,  by  the  ordinances  of  the 
city,  or  who  shall,  in  the  discharge  of  his  official  duties,  be 
guilty  of  any  frauds,  extortion,  oppression,  favoritism,  par- 
tiality, bribery,  or  wilful  wrong  or  injustice,  shall  upon  con- 
viction thereof,  pay  a  fine  not  exceeding  one  hundred  dollars, 
and  costs  of  prosecution,  or,  on  failure  to  pay  such  fine,  may 
be  imprisoned  in  jail,  not  exceeding  thirty  days. 


I20  ORDINANCES. 

CHAPTER  XXXIX. 

BORROWING  MONEY  FOR  RAILROAD  AND  OTHER  PURPOSES. 

An  Ordinance  providing  for  an  election  to  rescind  votes 
heretofore  given,  and  to  borrow  money  on  the  credit  of 
the  City.* 


1.  Election  ordered. 

2.  Propositions  to  be  voted  on. 

3.  Form  of  ballots.  Council  to  issue  bonds, 


if  a  majority  vote  for  rescission  and  loan, 
4.  How  election  to  be  conducted. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  there  shall  be  held  on  the  13th  day  of 
August,  1855,  an  election  by  the  qualified  voters  of  the  City 
of  Muscatine,  by  wards — the  polls  to  be  opened  at  nine 
o'clock,  A.  M.,  and  to  close  at  four  o'clock  P.  M.,  of  said  day, 
said  election  to  be  held  at  the  usual  places  of  holding  elec- 
tions in  the  several  wards. 

Sec.  2.  Said  election  shall  be  upon  the  following  propo- 
sitions : 

1st.  To  rescind  a  vote  given  by  the  voters  of  the  city  on 
the  third  Monday  of  May,  185 1,  authorizing  the  City  Council  to 
borrow  the  sum  of  $45,000,  to  be  subscribed  as  stock,  in  the 
name  of  the  city,  to  the  capital  stock  of  the  Iowa  Western 
Railroad  Company,  and  also  to  rescind  a  vote  given  by  the 
city,  on  the  first  Monday  in  March,  A.  D.  1854,  authorizing 
the  City  Council  to  borrow  the  sum  of  $55,000,  to  be  sub- 
scribed as  stock  on  the  stock  books  of  the  Muscatine,  Iowa 
City,  Cedar  Rapids  and  North  Western  Railroad  Company. 

2d.  To  borrow  for  a  term  of  years,  not  exceeding  twenty, 
on  the  bonds  of  the  city,  at  a  rate  of  interest  not  higher  than 
ten  per  cent,  per  annum,  the  sum  of  one  hundred  and  thirty 
thousand  dollars,  to  be  subscribed  as  stock,  in  the  name  of 
the  city,  to  the  capital  stock  of  the  Mississippi  and  Missouri 
Railroad  Company. 

Sec.  3.  The  votes  shall  be  given  by  ballots,  written  or 
printed,  with  the  words,  **  For  the  Rescission  and  Loan,"  or 
•'Against  the  Rescission  and  Loan,"  and  if  the  requisite  num- 
ber of  votes  are  for  the  recission  and  loan,  the  City  Council 
shall  cause  the  bonds  to  be  issued  for  the  purposes  herein 
contemplated. 

Sec.  4.  The  said  election  shall  be  conducted  in  the  same 
manner  as  ordinary  elections  for  city  officers,  and  the  judges 

♦First  ordinance  passed  May  Ist,  1851,  providing  for  submitting  to  the  electors  of  the 
city,  a  proposition  to  subscribe  $45,000  as  stock,  in  the  Iowa  Western  Railroad  Company, 
and  also  to  borrow  $5,000,  to  be  expended  in  improving  the  streets,  alleys  and  wharfs  of  the 
city.  Second  ordinance  passed  February  Tth,  1854,  providing  for  submiting  to  the  electors 
of  the  city,  a  proposition  to  subscribe  |55,000  in  stock  in  the  Muscatite,  Iowa  City,  Cedar 
Rapids  and  Northwestern  Railroad  Company,  or  to  any  Company  that  shall  build  a  road 
4irect  from  Muscatine  to  Iowa  City. 


RAILROADS. 


i2r 


thereof  are  required  to  make  proper  return  of  the  poll  books, 
and  official  abstracts  of  the  said  election,  to  the  Mayor 
within  two  days  thereafter,  and  the  City  Council,  or  a  quorum 
thereof,  may  open  and  canvass  said  returns,  and  declare 
the  result.  ~ 


CHAPTER  XL. 

RAILROADS— RIGHT  OF  WAY  FOR  THE  MISSISSIPPI  AND  MISSOURI  RAILROAD 

COMPANY* 

An  Ordinance  relating  to  the  Mississippi  and  Missouri  Rail- 
road Company. 


1.  Right  of  way  granted  over  Water 
street. 

2.  The  use  of  certain  grounds  granted  for 
certain  specified  purposes. 

3.  Companj'  to  use  said  ground  for  rail- 
road purposes  only,  and  to  have  one  hundred 
feet  of  Water  street,  from  tracks,  etc. 

4.  Compwiny  to  obtain  certain  dedications 
on  Water  street. 

5.  Company  to  keep  the  grounds,  so  that 
access  to  and  from  the  river,  shall  be  reas- 
onably free  from  obstructions,  and  to  make 
and  keep  in  repair  all  necessary  drives. 


6.  Must  not  run  faster  than  six  miles  an 
hour,  and  must  keep  bell  ringing. 

7.  Reservation  by  the  City,  in  favor  of  the 
Railroad  Companies. 

8.  Must  lay  plank  at  crossings. 

9.  Must  give  its  assent  in  writing. 

10.  May    run    their    track   north-easterly 
through  the  city. 

11.  May  run  their  tracks  north  and  east  of 
Orange  street,  toward  Cedar  Rapids. 

12.  To  lay  planks  on  street  crossings. 

13.  Reservation  of  rights  in  favor  of  the 
railroads. 


I 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Whereas,  It  is  for  the  interest  of  the  City  of  Muscatine, 
that  the  depot,  station  buildings,  machine  shops  and  tracks  of 
the  Mississippi  and  Missouri  Railroad,  be  located  as  hereafter 
provided,  and 

Whereas,  The  said  Rail  Road  Company,  has  been  re- 
quested to  make  such  location,  and  has  signified  its  desire 
to  conform  to  such  request,  upon  receiving  proper  authority 
for  that  purpose  :     Now,  therefore. 

Section  i.  That  the  Mississippi  and  Missouri  Railroad 
Company,  for  the  consideration  of  its  compliance  with  the 
request  herein  before  recited,  and  of  the  conditions  herein 
contained  on  the  part  of  said  Company,  to  be  performed,  are 
hereby  authorized  and  empowered,  and  the  power  and  au- 
thority are  irrevocably  granted  to  said  Company,  to  lay 
down  and  forever  maintain  its  said  road,  with  single  or  double 
track,  as  may  be  convenient  and  necessary,  for  the  transac- 
tion of  its  business  in,  through,  and  upon  the  public  ground, 
in  front  of  said  city,  known  as  Water  street,  and  forever 
thereafter  to  use  the  same  for  the  passage  of  cars  and  trains 

*Thi8  ordinance  is  a  consolidation  of  two  ordinances;  the  first  giving  a  right  of  way 
over  Water  street,  the  other  for  a  promised  road  to  Cedar  Rapids. 

i6 


122  ORDINANCES. 

of  cars  propelled   by  such  power   as  the  said  Company  may 
deem  expedient. 

Sec.  2,  There  is  hereby  irrevocably  granted  to  said  Com- 
pany, the  use  of  the  following  piece  and  parcel  of  said  public 
ground  or  street,  viz.  :  All  that  portion  of  the  public  ground  or 
street  aforesaid,  (with  the  limitation  hereafter  expressed) 
lying  southwardly  or  in  front  of  a  line  drawn  from  the  east- 
wardly  bound  of  block  nine,  and  extending  sixteen  hundred 
feet  in  a  straight  line  toward  the  western  boundary  of 
the  city,  and  to  the  water  on  the  south  and  west,  and  also 
water  front  on  said  river,  within  the  same  limits,  so  far  as  the 
city  is  authorized  to  grant  the  same.  Which  shall  be  for 
the  purpose  of  erecting,  and  forever  thereafter  maintaining 
thereon,  depots,  station  buildings,  warehouses,  machine  shops, 
side  tracks,  turn  outs,  switches,  turn  tables,  and  such  other 
buildings  and  fixtures  as  may  be  requisite  for  the  proper  ac- 
commodation of  the  business  of  said  Company,  with  full 
power  to  grade,  level,  embank,  and  fill  up  the  same  in  such 
manner  as  said  Company  may  see  fit  and  proper. 

Sec.  3.  The  above  authority  is  granted  upon  the  express 
condition  that  the  said  Company  use  the  same,  and  appro- 
priate the  said  ground  exclusively  for  railroad  purposes,  and 
shall  leave  a  portion  of  Water  street,  measuring  one  hundred 
feet  from  the  blocks  on  the  same  toward  the  water,  the  whole 
length  of  said  street,  free  from  the  obstructions  of  tracks, 
buildings,  and  other  structures  whatever. 

Sec.  4.  If  the  said  Company  shall  procure  a  dedication  to 
the  public  forever,  for  the  purposes  of  a  highvvay,  and  as  a 
part  of  Water  street,  of  a  portion  of  blocks  numbers  four, 
five,  six,  seven  and  eight,  which  lies  front  or  southwardly  of  a 
line  formed  b)'  a  direct  extension  of  the  front  lines  of  block 
three  and  nine,  across  the  said  blocks  four,  five,  six,  seven  and 
eight,  and  shall  grade  the  same  to  the  grade  of  Water  street 
(or  as  the  city  authorities  may  direct)  then  said  Water  street 
shall  extend  in  width  to  the  said  line,  and  said  Company  shall 
have  authority  to  appropriate  to  its  own  purposes,  the  dirt, 
rock  and  other  material  excavated,  and  to  erect  its  structure 
in  said  street,  as  before  provided,  so  that  they  be  not  within 
one  hundred  feet  of  said  line  above  described. 

Sec.  5.  For  the  privilege  above  granted,  said  Company 
shall,  at  its  own  expense,  grade  so  much  of  said  public  ground 
or  street  occupied  by  said  tracks,  and  also  between  said  tracks 
and  the  river,  in  such  manner  that  the  access  to  and  from  the 
river  shall  be  reasonably  free  from  obstructions,  and  shall  for- 
ever thereafter  keep  and  maintain  the  land  so  occupied, 
graded,  as  aforesaid,  and  shall  upon  reasonable  notice  from  the 


I 


RAILROADS.  I23 

city  authorities,  make  and  keep  in  repair  all  such  necessary 
drains  and  sewers,  as  may  be  required  in  any  portion  of  the 
public  grounds  above  authorized  to  be  used,  so  that  a  proper 
drainage  shall  be  given  to  Water  street,  and  the  cross  streets 
running  into  the  same.  — 

Sec.  6.  Said  Company  shall  not  be  allowed  to  run  its  trains 
through  said  city,  at  a  greater  rate  of  speed  than  six  miles 
per  hour,  and  shall  cause  the  locomotive  bell  to  be  kept  ring- 
ing on  such  train  during  its  entire  passage  through  the  streets. 

Sec.  y.  The  said  city  reserves  to  itself  the  right  to  grant 
any  other  railroad  company,  such  privileges  as  the  city  may 
see  proper,  in  relation  to  passing  through  and  over  the  same 
street,  and  the  power  to  cross  the  track  of  the  above  Com- 
pany, provided  they  do  not  cross  such  track,  nor  run  within  it  on 
the  above  granted  parcel  of  sixteen  hundred  feet  in  length, 
and  the  above  grants  and  privileges  shall  be  subject  to  revo- 
cation by  said  city,  if  the  said  Company  does  not  proceed 
to  construct  its  said  railroad,  and  does  not  have  twenty-five 
miles  of  it  in  operation  in  two  years  from  the  first  day  of  De- 
cember, A.  D.  1853.  And  further,  nothing  herein  contained 
shall  be  so  construed  as  to  impair  the  rights  and  ordinances 
of  the  city  in  relation  to  wharfage,  or  in  relation  to  the  public 
landing. 

Sec.  8.  The  said  Company  shall  also  lay  plank  between 
and  at  the  sides  of  their  tracks,  at  all  crossings  of  streets,  so 
as  to  make  the  passage  of  the  tracks  as  easy  as  practicable. 

Sec.  9.  The  said  Company  is  hereby  required  to  assent  to 
the  provisions  of  the  said  ordinance,  by  its  proper  officer  or 
officers,  and  such  assent  shall  be  in  writing  and  recorded  with 
the  Recorder  of  the  city. 

Sec.  10.  That  there  is  hereby  granted  to  the  Mississippi 
and  Missouri  Railroad  Company,  the  right  to  run  their  road 
north-eastwardly  out  of  the  city,  over  and  across  Water 
street,  at  any  point  they  may  choose  to  locate  the  same,  pro- 
vided that  the  points  at  which  the  said  road  shall  cross  the 
said  Water  street,  shall  not  be  west  of  Orange  street. 

Sec.  II.  That  there  is  hereby  granted  to  said  Railroad 
Company,  the  right  to  locate  their  railroad,  either  with  single 
or  double  track,  over  and  across  any  or  all  of  the  streets  and 
alleys,  east  and  north  of  Orange  street,  which  it  may  be  nec- 
essary or  convenient  to  cross,  in  running  their  railroad  out  of 
the  City  of  Muscatine,  and  toward  Cedar  Rapids. 

Sec.  12.  The  said  Company  shall  be  compelled  to  lay  plank 
between  and  on  the  sides  of  their  tracks,  at  the  crossing  of 
Water  street,  and  at  the  crossing  of  all  other  streets  and  alleys, 


124 


ORDINANCES. 


as  provided  in  the  ordinance  passed  December  6th,  1853,  ^ri" 
titled  an  ordinance  relating  to  the  Mississippi  and  Missouri 
Railroad. 

Sec.  13.  Nothing  in  this  ordinance  contained  shall  be  con- 
strued to  restrict  the  right  of  the  city,  to  grant  any  other 
railroad  company  the  right  of  locating  other  railroads,  over 
and  across  the  same  streets  and  alleys,  and  the  right  of  cross- 
ing the  track  of  the  said  railroad  company. 


CHAPTER  XLI. 


RAILROADS. 

An  Ordinance  making  a  grant  to  the  Muscatine  Western 
Railroad  Company,  and  imposing  certain  conditions, 
penalties  and  duties. 

1.  Muscatine  Western  Railroad  Company 
authorized  to  lay  its  track  on  certain  streets 
in  the  city. 

2.  Can  cross  the  track  of  the  C,  R.  I.  &  P. 
R.  R.  Co.  Not  to  cross  or  lay  track  south 
of,  or  between  certain  points. 

3.  Certain  public  grounds  granted  for  the 
purpose  of  having  erected  thereon,  proper 
railroad  buildings,  side  tracks,  etc.  Stock 
yards,  cattle  yards,  or  hog  pens,  not  to  be 
erected  thereon.  Rights  reserved  for  steam- 
boats and  public  streets. 

4.  Conditions  on  which  said  grant  is  made. 
Damages  for  breach  of,  or  failure  to  perform 
conditions. 

5.  Must  build  and  keep  in  proper  repair, 
all  drains  and  sewers,  if  the  territory  grant- 


ed is  accepted  and  appropriated.  Must  make 
and  keep  in  repair  all  drains  and  sewers, 
made  necessary  by  track  of  railroad. 

6.  Trains  must  not  remain  on  public  cross- 
ing; must  not  run  faster  than  six  miles  an 
hour,  in  the  city.  Unnecessary  whistling 
not  allowed.    Bell  to  be  rung. 

7.  Grant  to  lay  track  in  streets  not  to  pre- 
vent the  city  from  making  similar  grants  to 
other  railroad  companies.    Proviso. 

8.  Rights  and  privileges  granted,  ex- 
pressly subject  to  existing  and  future  State 
legislation. 

9.  Railroad  Company  to  signify  its  accep- 
tance of  grant  and  conditions.  Form  of  ac- 
ceptance.   To  be  entered  on  record  of  city. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  for  the  purpose  of  enabling  the  Musca-. 
tine  Western  Railroad  Company,  its  successors  or  assigns,  to 
lay  and  maintain  such  track  or  tracks  and  switches,  as  may  be 
proper  and  necessary,  for  the  proper  operation  of  said  rail- 
road, there  is  hereby  granted  to  said  Railroad  Company,  the 
right  and  privilege  of  laying  and  maintaining  on  and  along 
Front  or  Water  street,  in  said  city,  one  main  track.  Also,  to 
extend  such  main  track,  or  any  of  its  switches,  or  branch 
tracks,  over  and  across  any  of  the  public  streets  or  alleys  of 
that  portion  of  said  city,  known  as  South  Muscatine.  Also, 
to  lay  and  maintain  a  single  or  double  track,  with  proper  side 
tracks  and  switches,  on,  across,  or  along  any  of  the  public 
streets  or  alleys  of  said  city,  east  of  the  west  line  of  Orange 
street,  which  the  said  Railroad  Company  may  have  occasion 


I 


RAILROADS.  I25 

to  use  or  cross,  in  constructing  its  road,  in  a  direction  north- 
erly from  said  Front  or  Water  street,  to  the  boundaries  of  said 
city.  Provided,  however,  that  there  shall  not  be  more  than 
one  track  laid  by  said  Muscatine  Western  Railroad  Company, 
on  said  Front  or  Water  street,  between  Iowa  avenue  and  Elnrr- 
street,  and  provided  further,  there  shall  not  be  laid  on  Second 
or  Third  streets,  west  of  Spring  street,  any  track  lengthwise 
of  said  streets. 

Sec.  2.  The  said  Railroad  Company  shall  have  the  right, 
and  the  same  is  hereby  granted  unto  it,  of  crossing  the  track 
of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Company, 
with  its  main  track  or  switches,  at  such  point  or  points  as  it 
may  deem  advisable  and  proper,  except  that  the  said  Musca- 
tine Western  Railroad  Company,  shall  lay  no  track  across  or 
south  of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Com- 
pany, between  the  eastern  boundary  of  block  nine,  (9)  and  the 
western  boundary  of  block  five,  (5)  in  said  city,  and  any  track 
that  may  be  laid  under  the  authority  herein  granted,  between 
the  eastern  boundary  of  said  block  nine,  and  the  western 
boundary  of  said  block  five,  shall  be  north  of  the  track  of  said 
Chicago,  Rock  Island  and  Pacific  Railroad  Company,  and 
whenever  the  said  track,  or  any  of  its  side  tracks  or  switches, 
are  laid  parallel  with  the  track  of  the  said  Chicago,  Rock 
Island  and  Pacific  Railroad  Company,  or  any  of  the  streets  of 
said  city,  the  same  shall  be  laid  as  near  as  practicable  to  the 
track  of  said  last  mentioned  Company,  and  to  the  end  that  no 
more  of  such  streets  shall  be  occupied  by  said  track,  than  is 
absolutely  necessary  for  the  business  of  said  roads. 

Sec.  3.  There  is  hereby  granted  unto  the  said  Muscatine 
Western  Railroad  Company,  the  public  grounds,  lying  south 
of  the  track  of  the  Chicago,  Rock  Island  and  Pacific  Railroad 
Company,  and  extending  into  the  Mississippi  river,  and  being 
bounded  on  the  west  by  a  line  in  a  southeasterly  direction,  ex- 
tended from  the  east  boundary  of  Iowa  avenue,  and  until  such 
line  strikes  the  outer  edge  of  what  is  known  as  the  "  Rip  Rap 
Wall,"  thence  in  a  northeasterly  direction,  parallel  with  the 
northern  boundary  of  said  Water  street,  thirteen  hundred  and 
eighty  feet,  thence  northwesterly  in  a  line  with  the  west 
boundary  of  Mulberry  street,  to  the  southerly  line  of  the 
track  of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Com- 
pany; thence  along  the  said  southerly  line,  and  parallel  witl; 
the  center  of  said  track,  in  a  southwesterly  direction,  until 
the  same  strikes  and  intersects  the  line  drawn  from  the  east 
line  of  said  Iowa  avenue.  The  said  grant  being  made  to  the 
said  Muscatine  Western  Railroad  Company,  its  successors  and 
assigns,  for  the  purpose  of  erecting  and  forever  maintaining 
thereon,  offices,  depots,  station  buildings,  warehouses,  eleva- 


126  ORDINANCES. 

tors,  side  tracks,  turn  tables,  and  such  other  buildings  and 
fixtures  as  may  be  requisite  for  the  proper  accommodation  of 
the  business  of  said  Company,  (except  that  no  stock  yards, 
cattle  or  hog  pens,  shall  be  permitted  thereon),  with  full  power 
to  grade,  level  and  embank,  and  fill  up  the  same,  in  such  man- 
ner and  at  such  times  as  the  Company  may  see  fit  and  proper. 
Provided,  however,  that  nothing  in  this  section  contained,  shall 
interfere  with  the  right  of  steamboats  to  land,  for  the  purpose 
of  receiving  or  discharging  freight  and  passengers,  on  the 
water  front  of  the  land  herein  granted,  nor  deprive  the  said 
city  of  its  right  to  collect  wharfage  from  the  boats  so  land- 
ing ;  and  provided  further,  that  the  said  city  shall  have  the 
right  to  extend,  keep  and  maintain,  for  the  use  of  the  gen- 
eral public,  the  streets  known  as  Sycamore,  Cedar  and  Wal- 
nut, over  and  across  the  grant  herein  made,  and  in  addition 
thereto,  a  space  of  not  less  than  one  hundred  feet,  on  and 
along  the  water  front  of  said  grant,  to  be  measured  from  or- 
dinary low  water  mark,  is  herein  declared  to  be  a  public 
street  forever,  subject,  however,  to  the  right  of  said  Com- 
pany, to  erect  and  keep  an  elevator  and  freight  house,  not, 
however,  to  have  a  length,  on  said  water  front,  of  more  than 
three  hundred  feet.  By  "water  front,"  in  this  ordinance,  is 
meant  the  southerly  line  of  the  grant  herein  made. 

Sec.  4.  The  foregoing  grant  is  made  on  the  express  condi- 
tion that  the  said  Muscatine  Western  Railroad  Company,  its 
successors  and  assigns,  shall  establish,  locate,  and  forever 
maintain,  at  the  said  City  of  Muscatine,  all  of  the  principal 
machine  shops  and  factories,  necessary  and  proper  for  the 
construction,  maintenance  and  repair,  of  the  tracks  and  roll- 
ing stock  of  said  Company,  its  successors  and  assigns.  And 
also  the  said  Company,  its  successors  and  assigns,  shall  locate, 
establish,  and  forever  maintain,  at  the  said  City  of  Muscatine, 
the  chief  and  principal  offices  of  said  Company,  and  forever 
maintain  its  principal  places  of  business  at  Muscatine,  and  it 
is  expressly  provided  and  understood,  and  a  further  condition 
of  this  grant,  that  should  the  said  Railroad  Company  seek  to 
avail  themselves  of  this  grant,  and  undertake  to  appropriate 
the  same  to  its  use,  and  erect  at,  or  remove  its  chief  and  prin- 
cipal machine  shops,  repair  shops  and  factories,  as  herein  con- 
templated, to  any  other  place,  or  erect  at  or  remove  its  chief 
and  principal  offices  of  business  to  any  other  place,  then  and 
in  either  event,  the  said  Railroad  Company  shall  pay  to  said 
city  the  sum  of  one  million  dollars,  without  diminution  or 
abatement,  as  liquidated  damages  for  the  breach  of  the  con- 
ditions herein  named — said  sum  to  be  recoverable  in  any 
court  of  record  in  this  State,  and  to  be  mutually  regarded  as 
the  measure  of  pecuniary  damages,  to  which  said  city  shall  be 


RAILROADS.  12/ 

entitled  for  a  breach  of  the  conditions  in  this  section  specified. 
It  is  further  expressly  provided,  that  in  addition  to  the  sum 
herein  mentioned,  as  pecuniary  damages  for  any  breach  or 
breaches  aforesaid,  the  grant  in  said  section  3  mentioned, 
shall  revert  to  said  city,  and  all  the  rights  and  privileges- 
therein  specified,  shall  cease,  determine  and  become  of  no 
effect  whatever,  and  the  said  city  shall  have  the  right  to  re- 
sume the  possession  and  exclusive  occupancy  of  the  grounds 
in  said  grant  described,  and  for  that  purpose  may  forcibly 
eject  any  officer,  agent  or  employee  of  said  Company,  its 
successors  or  assigns,  resisting  or  refusing  to  yield  the  posses- 
sion thereof  to  said  city. 

Sec.  5.  And  it  is  further  stipulated,  provided  and  required, 
that  the  said  Railroad  Company,  its  successors  or-  assigns, 
shall  build,  construct,  and  forever  keep  in  good  repair  and 
condition,  all  sewers  and  drains  rendered  necessary  and  proper, 
by  its  acceptance  and  appropriation  of  the  grant  in  the  pre- 
ceding section  3,  mentioned,  and  also  all  other  sewers  and 
drains  rendered  necessary  and  proper  by  the  location  and 
building  of  its  road  along  and  across  any  of  the  public  streets 
and  alleys  of  said  city,  and  all  points  where  the  track  or 
tracks  of  said  Company,  shall  cross  the  public  streets  and 
alleys  of  said  city.  The  said  Railroad  Company,  its  succes- 
sors and  assigns,  shall  make  and  keep  in  good  condition  and 
repair,  safe  approaches  to  said  railroad  and  the  tracks  thereof, 
and  the  space  between  the  rails  of  said  tracks,  shall  be  safely 
and  properly  planked. 

Sec.  6.  The  said  Railroad  Company,  its  successors  or  as- 
signs, shall  not  obstruct  public  travel  on  said  streets  and 
alleys,  by  permitting  trains,  cars  or  locomotives,  to  stand  and 
remain  upon  said  railroad  track,  where  the  same  intersects 
said  streets  or  alleys  ;  nor  shall  any  train  of  cars  or  locomo- 
tive be  run  upon  said  track  within  the  limits  of  said  city,  at  a 
higher  rate  of  speed  than  six  miles  per  hour  ;  nor  shall  there 
be  any  unnecessary  whistling  made  by  the  engines  of  said 
Railroad  Company,  while  within  said  city,  and  on  all  trains 
and  engines  the  bell  shall  be  kept  ringing  while  running  within 
the  limits  of  said  city. 

Sec.  7.  Nothing  in  this  ordinance  shall  be  construed  to  pre- 
vent the  said  city  from  granting  unto  other  railroad  compa- 
nies, the  right  and  privilege  of  laying  their  tracks  upon  the 
same  streets  and  alleys,  and  of  crossing  the  tracks  of  the  said 
Muscatine  Western  Railroad  Company.  Provided,  that  no 
railroad  company  shall  have  the  right  to  lay  any  tracks  on  the 
ground  herein  mentioned  by  section  3,  of  this  ordinance, 
granted  to  said  Muscatine  Western  Railroad  Company,  with- 
out the  express  consent  of  said  Company. 


28 


ORDINANCES. 


Sec.  8.  Nothing  in  this  ordinance  contained,  shall  be  so  con- 
strued, as  to  in  any  manner  release  or  exonerate  the  said  Mus- 
catine Western  Railroad  Company,  its  successors  or  assigns, 
from  any  duty  or  obligation,  which  has  been  or  may  hereafter 
be  imposed  by  the  laws  of  the  State  of  Iowa,  and  the  rights 
and  privileges  herein  granted,  are  made  expressly  subject  to 
any  existing  or  future  legislation  of  said  State. 

Sec.  9.  The  said  Muscatine  Western  Railroad  Company,  is 
hereby  required  to  signify  its  acceptance  of  the  grants  con- 
tained in  this  ordinance,  subject  to  the  conditions  and  re- 
strictions herein  contained,  by  an  instrument  of  writing, 
under  the  seal  of  said  Company,  signed  by  the  President  and 
attested  by  the  Secretary  thereof,  which  instrument  must  be 
filed  in  the  office  of  the  Mayor  of  the  city,  and  entered  at 
large  upon  the  records  of  the  City  Council,  and  no  rights 
shall  accrue  to  the  said  Muscatine  Western  Railroad  Com- 
pany, under  and  by  virtue  of  the  provisions  of  this  ordinance, 
until  such  acceptance  is  filed  as  aforesaid. 


CHAPTER  XLII. 


RAILROADS. 


An  Ordinance  making  a  Grant  to  the  Mississippi  and  Mus- 
catine Western  Railroad  Company. 


1.  Right  of  way  granted.  Line  of  grant. 
Conditions  and  restrictions. 

2.  Duties  of  Railroad  Company  in  regard 
to  sewers,  drains,  crossings  and  approaclies, 
must  not  obstruct  streets.  Must  provide 
signs  and  flagmen  at  crossings,  when  re- 
quired by  City  Council. 

8.  Must  not  run  faster  than  six  miles  an 
hour,  and  bell  must  be  kept  ringing  when 


within  the  city.     Subject  to   future  regula- 
tions of  Council. 

4.  Rights  granted  herein  to  be  subject  to 
future  grants  to  other  companies. 

5.  Rights  granted  subject  to  existing  and 
future  State  legislation. 

6.  Expectation     and    understanding     on 
which  grant  is  made. 

7.  Railroad  Company  to  signify  its  accep- 
tance of  grants.    Form  of  acceptance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  for  the  purpose  of  enabling  the  Missis- 
sippi and  Muscatine  Western  Railroad  Company,  its  succes- 
sors or  assigns,  to  construct  and  operate  its  railroad  along 
the  river  front  of  the  City  of  Muscatine,  there  is  hereby 
granted  to  the  said  Railroad  Company,  the  privilege  of  lay- 
ing and  maintaining  a  single  track  on  and  along  Front  or 
Water  street,  in  said  city,  and  the  river  front  thereof,  as  fol- 
lows :  Commencing  on  the  right  bank  of  the  Mississippi 
river,  at  or  about  the  elevation  of  high  water  mark,  opposite 
the  southerly  corner  of  out  lot  nine,  (9)  in  section  thirty-six, 


RAILROADS.  I29 

(36)  township  seventy-seven,  (77)  ran^e  two  (2)  west  (said 
out  lot  being  marked  and  designated  on  Bailey's  map  of  said 
city,  thus  :  "  H.  Smalley,  lot  9,")  and  at  least  ninety  feet 
southerly  or  riverward  from  said  corner,  and  thence  down  the 
right  bank  of  said  river,  on  a  line,  which  in  front  of  the  south- 
easterly corner  of  block  twenty,  (20)  in  said  city,  shall  be  at 
least  eighty  feet  distant  therefrom,  and  thence  as  closely  as 
possible  to  and  on  the  south  or  river  side  of  the  present  track 
of  the  Chicago,  Rock  Island  and  Pacific  Railroad  Company, 
to  the  westerly  line  of  Chestnut  street,  extended  to  the  river, 
and  thence  continuing^  on  the  south  or  river  side  of  the 
Chicago,  Rock  Island  and  Pacific  Railroad  track,  to  the  west- 
erly end  of  said  Front  street,  and  thence  to  and  through 
South  Muscatine,  by,  over,  along,  or  across  any  streets,  alleys 
or  public  grounds  of  the  city,  necessary  to  the  proper  con- 
struction of  said  railroad,  to  and  through  South  Muscatine. 
Provided  ■dXyNd.ys,  that  the  grant  hereby  made,  shall  be  subject 
to  all  rights  acquired  under  previous  grants  from  the  City  of 
Muscatine  to  other  railroad  companies,  and  provided,  further, 
that  the  said  Mississippi  and  Muscatine  Western  Railroad 
Company,  its  successors  or  assigns,  shall  forever  keep  and 
save  the  city,  free,  clear,  and  harmless  of,  and  from  all  loss, 
cost,  expense,  and  damage,  by  reason  of  the  grant  hereby 
made,  and  the  acceptance  and  appropriation  thereof,  or  any 
part  thereof,  by  the  said  Railroad  Company,  its  successors 
or  assigns. 

Sec.  2.  And  it  is  hereby  stipulated,  provided  and  required, 
that  the  said  Mississippi  and  Muscatine  Western  Railroad 
Company,  its  successors  or  assigns,  shall  build,  construct,  and 
forever  keep  in  good  repair  and  condition,  all  sewers  and 
drains,  made  necessary  by  its  acceptance  and  appropriation  of 
the  grant  hereby  made,  and  the  location  and  construction 
of  its  road  and  track  pursuant  thereto  ;  and  shall  build,  con- 
struct and  forever  keep  in  good  repair,  good,  sufficient  and 
proper  crossings  and  approaches  to  the  same  at  all  points, 
where  its  road  or  track  shall  cross  the  streets  or  alleys  afore- 
said ;  and  shall  forever  keep  and  maintain  such  streets,  alleys, 
or  other  public  grounds  in  good  repair  and  condition,  where- 
ever  its  said  road  or  track  shall  run  along  and  upon  the  same  ; 
and  its  said  road  or  track  shall  conform  as  nearly  as  practica- 
ble to  the  grade  of  the  tracks  of  the  Chicago,  Rock  Island 
and  Pacific  Railroad,  and  the  Muscatine  Western  Railroad, 
and  shall  be  so  constructed,  laid,  maintained  and  operated,  as 
to  cause  the  least  practicable  interference  with  access  to  the 
steamboat  and  ferry  landings  of  said  city.  And  the  said  Rail- 
road Company,  except  in  case  of  accident  or  unavoidable  ne- 

17 


I30  ORDINANCES. 

cessity,  shall  not  leave  its  cars  or  trains  standing  upon  its 
said  track,  in  such  manner  as  to  obstruct  the  public  travel  on 
the  streets  of  said  city,  and  at  all  street  crossings,  the  said 
Company  shall  erect  and  maintain  signs,  upon  which  shall  be 
printed  in  large  letters  :  ''Railroad  Crossing,"  and  shall  pro- 
vide flagmen  at  such  points  or  localities,  as  shall  be  deemed 
necessary  by  the  City  Council  of  said  city,  whenever  re- 
quested so  to  do  by  resolution  of  said  City  Council. 

Sec.  3.  And  it  is  further  stipulated,  provided  and  required, 
that  the  said  Railroad  Company,  its  successors  or  assigns, 
shall  not  run  any  train  of  cars  or  locomotive  upon  its  said 
track  within  the  limits  of  said  city,  at  a  higher  rate  of  speed 
than  six  (6)  miles  per  hour,  and  upon  all  trains  and  engines 
the  bell  shall  be  kept  ringing  while  running  within  said  city 
limits  ;  and  the  said  Company  shall  be  subject  to  such  fur- 
ther regulations  and  restrictions,  as  to  the  time,  speed  and 
management  of  its  locomotives  and  cars,  within  said  city,  as 
may  be  required  and  imposed  by  ordinance  or  resolution  of 
the  City  Council  of  said  city,  at  any  time  hereafter. 

Sec.  4.  Nothing  in  this  ordinance  shall  be  construed  to 
prevent  the  said  city  from  granting  unto  other  railroad  com- 
panies, the  right  and  privilege  of  laying  their  tracks  upon  the 
same  streets  and  alleys,  covered  by  the  grant  hereby  made, 
and  of  crossing  the  track  of  the  said  railroad.  And  in  case 
of  the  grant  to  any  other  company,  which  shall  hereafter 
build  a  railroad  to  this  city,  of  the  right  to  lay  a  track  along 
the  aforesaid  river  front  of  the  said  city,  then  such  other  rail- 
road company  shall  have  the  right  to  use  the  track  of  said 
Mississippi  and  Muscatine  Western  Railroad  Company,  through 
the  said  city,  for  the  passage  of  its  cars  and  trains,  upon 
adequate  compensation  being  made  therefor,  and  upon  rea- 
sonable terms  ;  such  compensation  and  terms  to  be  agreed 
upon  by  said  companies  ;  and  in  case  of  disagreement  then 
the  matters  in  difference,  to  be  determined  by  three  arbitra- 
tors, one  to  be  chosen  by  each  of  said  companies,  and  the 
third  by  the  City  Council  of  said  city. 

Sec.  5.  Nothing  in  this  ordinance  contained,  shall  be  so 
construed,  as  to  in  any  manner  release  or  exonerate  the  said 
Railroad  Company,  its  successors  or  assigns,  from  any  duty 
or  obligation,  which  has  been,  or  may  hereafter  be  imposed 
upon  railroads  or  railroad  companies,  by  the  laws  of  the  State 
of  Iowa,  and  the  rights  and  privileges  herein  granted,  are 
made  expressly  subject  to  any  existing  or  future  legislation  of 
said  State. 

Sec.  6.  The  rights  and  privileges  hereby  conferred  upon 
said  Railroad  Company,  are  granted  upon  the  expectation  and 


RAILROADS. 


131 


understanding  that  the  said  Railroad  Company,  its  successors 
or  assigns,  will  faithfully  observe  and  fulfill  all  the  conditions 
in  this  ordinance  stipulated  and  set  forth  ;  and  will  at  all 
times,  and  in  good  faith,  to  the  extent  of  its  power,  afford 
adequate  facilities  for  the  prompt  transaction  of  business,  and 
deal  and  act  justly  toward  the  said  city  and  the  citizens 
thereof. 

Sec.  7.  The  said  Mississippi  and  Muscatine  Western  Rail- 
road Company,  is  required  to  signify  its  acceptance  of  the 
grants  contained  in  this  ordinance,  subject  to  all  the  aforesaid 
conditions  and  restrictions,  by  an  instrument  of  writing, 
under  the  seal  of  said  Company,  signed  by  the  president,  and 
attested  by  the  secretary  thereof,  which  instrument  must  be 
filed  in  the  office  of  the  Mayor  of  said  city,  and  entered  at 
large  upon  the  records  of  the  City  Council,  and  no  rights  shall 
accrue  to  said  Railroad  Company,  its  successors  or  assigns, 
under  and  by  virtue  of  this  ordinance,  until  such  acceptance 
is  filed  as  aforesaid. 


CHAPTER  XLIII. 


RAILROADS. 


RDINANCE  providing  for  the  redemption    of  the  Mus- 
catine City  Railroad  Bonds. 


6.  Special  tax.     Sinking  fund. 

7.  Bonds  shall  not  be  re-issued. 


Disposal 


of. 


8.  Committee  to  superintend. 

9.  Power  of  attorney,  may  be  executed 
by  the  Mayor,  to  confess  judgments, 
when. 


1.  Renewal  of  bonds. 

2.  Payable  in  twenty-five  years  at  six  per 
cent.    May  issue  in  sums  of. 

3.  Bonds,    how    entitled,    and   by   whom 
signed. 

4.  Shall  be  issued  to,  whom. 

5.  Recorder  shall  keep  a  register  of  such 
bonds. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  In  virtue,  and  by  authority  of  an  Act  of  the 
Legislature  of  Iowa,  approved  March  25th,  1872,  and  to 
enable  the  City  of  Muscatine,  to  redeem,  cancel  and  renew 
the  bonds  of  the  City  of  Muscatine,  heretofore  issued  to  the 
Mississippi  and  Missouri  Railroad  Company,  the  Mayor  and 
Council  are  hereby  authorized  and  empowered  to  direct  the 
issue  of  new  bonds,  of  the  City  of  Muscatine,  to  an  amount 
not  exceeding  the  full  amount  of  the  principal  of  said  bonds, 
and  the  accrued  and  unpaid  interest  thereon. 

Sec.  2.  Said  bonds  shall  be  made  payable  in  twenty-five 
years  from  date,  and  bear  interest  at  the  rate  of  six  per  cent, 
per  annum,  payable  semi-annually,  on  the  first  day  of  April 


t^$  ORDINANCES. 

and  first  day  of  October,  of  each  year,  in  the  City  of  New  York, 
coupons  for  the  interest  to  be  attached  thereto.  They  may 
issue  in  sums  of  one  thousand  dollars,  five  hundred  dollars, 
and  one  hundred  dollars.  The  bonds  shall  be  numbered  in 
consecutive  order  as  issued,  and  the  coupons  attached  to  such 
bonds  shall  be  numbered  from  one  to  fifty,  and  shall  bear  the 
number  of  the  bond  to  which  they  are  attached. 

Sec.  3.  Said  new  bonds  shall  be  entitled:  "Redemption 
and  Renewal  Bonds  of  the  City  of  Muscatine,"  shall  be  signed 
by  the  Mayor,  and  countersigned  by  the  Recorder,  and  shall 
bear  the  seal  of  the  city. 

Sec.  4.  Whenever  the  amount  owing  any  holder  or  holders 
of  the  bonds  heretofore  issued  to  the  Mississippi  and  Missouri 
Railroad  Company,  including  principal,  coupons  and  interest, 
shall  have  been  determined,  the  Mayor  and  Recorder  shall 
issue  to  such  holder  or  holders,  the  new  bonds  as  herein  pro- 
vided, to  the  full  amount  of  such  bonds,  coupons  and  interest, 
as  may  be  unpaid.  Monthly  specific  reports  shall  be  made  to 
the  Council  by  the  Mayor  and  Recorder,  of  the  bonds  so 
issued,  giving  the  amount  and  numbers  of  the  bonds  and 
coupons,  and  interest,  to  redeem  which  the   same  are  issued. 

Sec.  5.  The  Recorder  shall  keep  in  a  book  prepared  for  the 
purpose,  a  register  of  said  new  bonds,  giving  the  date,  num- 
ber, and  numbers  of  the  coupons  of  each  bond,  together  with 
the  number  and  amounts  of  the  bonds  and  interest  redeemed. 

Sec.  6.  The  faith  of  the  City  of  Muscatine,  is  hereby  irre- 
vocably pledged  for  the  payment  of  said  new  bonds  and  in- 
terest, and  the  City  Council  is  hereby  pledged  and  required  to 
levy  annually  a  special  tax  sufficient  to  meet  the  interest  on 
said  bonds,  as  it  becomes  due,  and  also  to  provide  a  perma- 
nent sinking  fund,  of  not  less  than  one  per  cent,  per  annum, 
of  the  amount  of  said  bonds,  which  said  sinking  fund  shall  be 
annually  invested  in  the  purchase  of  said  bonds,  when  the 
same  can  be  obtained  at  and  below  their  par  value  ;  and 
the  said  bonds  so  purchased,  shall  be  placed  on  deposit  with 
the  Treasurer  of  the  City  of  Muscatine,  as  the  property  of  the 
city,  and  the  interest  thereon  shall  be  paid  into,  and  con- 
stitute an  additional  part  of  the  sinking  fund,  to  be  used  in 
the  purchase  of  the  bonds  as  herein  provided. 

Sec.  7.  It  shall  be  the  duty  of  the  Recorder  of  said  city  to 
enter  in  a  book,  provided  for  that  purpose,  a  record  of  all  the 
bonds  so  purchased  with  said  sinking  fund,  stating  the  amount 
and  number  of  each  of  said  bonds,  with  the  price  paid  for  the 
same,  and  the  date  of  its  purchase,  and  no  bonds  so  pur- 
chased shall  ever  be  re-issued  or  hypothecated  by  said  city  for 
any  purpose  whatever,  and  in  order  to  prevent  such  re-issue, 


REGISTER   OF   BOATS.  1 33 

or  other  unlawful  use  of  said  bonds,  or  of  the  coupons  at- 
tached thereto,  the  City  Council  shall  cause  each  bond  so  pur- 
chased, to  be  produced  before  it  at  its  next  meeting  succeed- 
ing such  purchase,  and  the  following  words  shall  then  be  legi- 
bly written  with  ink,  or  stamped  across  the  face  of  such  bond, 
and  each  of  its  coupons  :  "Cancelled  and  placed  in  sinking 
fund,  this day  of ,  i8 — ."  This  ordinance  be- 
ing designed  to  provide  the  means  for  the  payment  of  the 
interest  on  all  of  said  bonds,  and  as  far  as  may  be  through 
said  sinking  fund  for  their  ultimate  extinction  ;  nothing  in 
this  section  contained  shall  warrant  any  abatement  of  the 
amount  of  tax  hereinbefore  provided  for  as  a  sinking  fund,  but 
the  bonds  purchased  by  the  city  shall,  for  the  purposes  of  said 
sinking  fund,  be  regarded  as  an  existing  indebtedness  on  the 
part  of  said  city. 

Sec.  8.  The  Mayor  and  Recorder  are  hereby  appointed  a 
committee,  to  superintend  the  preparation  of  the  above  men- 
tioned new  bonds,  and  are  empowered  to  designate  the  place 
in  New  York  City,  where  the  interest  on  the  same  shall  be  paid. 

Sec.  9.  In  settling  with  parties  as  provided  in  this  ordi- 
nance, who  may  hold  judgments  against  the  City  of  Musca- 
tine, the  Mayor  is  hereby  authorized  to  execute  powers  of  at- 
torney, confessing  judgment  in  the  Circuit  Court  of  the 
United  States,  for  the  District  of  Iowa,  against  the  City  of 
Muscatine,  whenever  the  interest  due  on  the  new  bonds  how- 
ever authorized,  shall  be  due  and  unpaid  for  the  term  of  one 
year  or  more. 


CHAPTER  XLIV. 

REGISTER  OF  BOATS. 

An  Ordinance  relating  to  the  Register  of  Boats. 


1.  Register   of  boats    to    be    appointed. 
When,  and  for  how  long. 

2.  To  keep  a  register  of  all  boats  and  other 
craft,  landing,  and  report  the  same  to  Coun- 


cil at  close  of  navigation. 

3.  To  deliver  papers  to  his  successor. 
Compensation  regulated  by  the  Coun- 
cil; 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  in  the  month  of  March  annually,  the 
Council  shall  appoint  a  Register  of  Boats,  who  shall  hold  his 
office  for  the  term  of  one  year,  and  until  his  successor  is  ap- 
pointed, unless  sooner  removed  by  the  Council. 

Sec.  2.  It  is  the  duty  of  the  Register  to  enter  in  a  book 
kept  for  that  purpose,  the  names  (or  description),  of  all  boats, 
or   other    craft,  landing  at  the  public  landing,  which  are  sub- 


134 


ORDINANCES. 


ject  to  pay  wharfage,  stating  whether  on  an  upward  or  down- 
ward trip  ;  and  to  render  to  the  Council,  at  its  first  regu- 
lar session  after  the  close  of  navigation,  a  true  statement  of 
the  number  of  arrivals  of  such  boats,  and  other  craft,  with 
the  time  such  vessels  lay  at  the  wharf  over  twenty-four  hours. 
Sec.  3.  On  the  appointment  of  his  successor,  he  shall  de- 
liver to  him  all  books  and  papers  belonging  to  his  office.  His 
compensation  shall  be  regulated  by  the  Council  from  time 
to  time. 


CHAPTER  XLV. 


SCALES. 


An  Ordinance  in  relation  to  Scales  on  the  Streets  and  Alleys, 
and  other  public  grounds  of  the  city. 


1.  Persons  erecting  or  keeping  scales  on 
streets  or  other  public  grounds,  to  pay  rent. 

2.  Scales  within  certain  territory  to  pay 


annual  rent  of  six  dollars. 

3.  Outside  of  such  territory  to  pay  annual 
rent  of  four  dollars. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  be  permitted  to  erect  or 
keep  any  scales  for  weighing  hay,  grain,  or  other  bulky  com- 
modities, on  any  street,  alley,  wharf,  or  other  public  ground 
of  the  city,  without  having  first  obtained  permission  therefor 
from  the  City  Council,  and  without  the  payment  of  a  fixed 
sum  for  the  rent  of  such  street,  alley  or  other  public  ground. 

Sec.  2.  Any  scales  placed,  or  to  be  placed  on  any  street, 
alley,  or  other  public  ground,  within  the  following  limits  : 
Within  that  portion  of  the  city  bounded  on  the  west  by  Linn 
street,  on  the  north  by  Third  street,  on  the  east  by  Orange 
street,  and  on  the  south  by  the  Mississippi  river,  the  owner 
thereof  shall  pay  to  the  Treasurer  of  the  city  the  sum  of  six 
dollars,  who  shall  give  duplicate  receipts  therefor,  one  of 
which  shall  be  left  with  the  Recorder.  The  boundaries  above 
given  shall  include  the  streets  named  as  the   boundary  lines. 

Sec.  3.  Upon  suchscaleserectedonany  street,  alley,  or  other 
public  ground,  outside  of  the  territory  designated  in  the  pre- 
ceding section,  the  owner  shall  pay  an  annual  rental,  not  ex- 
ceeding four  dollars. 


STREETS   AND   ALLEYS. 


135 


CHAPTER  XLVI. 

STREETS  AND  ALLEYS. 

An  Ordinance  in  relation  to  Gutters. 


5.  Marshal  must  notify  persons  whose 
gutters  need  repairing.  Must  notify  Coun- 
cil if  such  repairs  are  not  made.  Council 
may  order  same  done,  at  the  cost  of  the 
owner  of  the  property. 

6.  Work  to  be  done  under  the  supervision, 
and  to  the  satisfaction  of  Street  Commis- 
sioner. 

7.  Penalty  for  obstructing  or  incumbering 
gutters.  4 

8.  Gutters  must  be  kept  clean  by  occu- 
pant of  adjacent  property. 


1 .  Owners  of  property  must  provide  proper 
gutters,  when. 

2.  How  such  gutters  shall  be  constructed, 
apd  of  what  material. 

3.  Council  may  order  gutter  to  be  con- 
structed or  relaid.  How  and  by  whom  such 
order  is  to  be  served. 

4.  Council,  on  failure  to  obey  its  order, 
may  have  such  gutter  constructed  or  relaid 
at  expense  of  owner,  and  assess  the  same  as 
a  special  tax,  or  may  bring  a  civil  action  to 
recover  the  same. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  it  shall  be  the  duty  of  the  owner  of  every 
lot  or  part  of  lot,  fronting  on  any  of  the  streets  of  said  city, 
which  is  or  shall  be  brought  to  grade,  to  provide  and  keep  in 
proper  repair,  gutters  next  to  the  sidewalks,  as  hereinafter 
required. 

Sec.  2.  Such  gutters  shall  be  six  feet  wide  on  Iowa  avenue, 
and  on  other  streets  shall  be  four  feet  wide,  and  shall  be  not 
less  than  ten  inches  in  depth  ;  shall  be  constructed  of  good 
sound  limestone,  and  shall  be  of  one  or  the  other  of  the  follow- 
ing forms,  viz.  :  The  slope  of  the  gutter  shall  commence  on 
the  outer  edge,  three  inches  below  the  top  of  the  curb,  and 
the  curbing  shall  be  ten  inches  in  the  clear,  and  of  good  sound 
limestone,  or  other  hard  or  durable  stone.  Or  the  said  gutters 
may  be  constructed  of  like  material,  in  the  form  of  an  ellipse, 
commencing  even  with  and  conformingto  the  grade  of  the  outer 
edge  of  said  sidewalk  on  the  one  side,  and  to  that  of  the 
grade  of  the  streets  on  the  other. 

Sec.  3.  When  the  Council  shall,  by  any  order  or  resolution, 
require  any  gutters  to  be  made  or  relaid,  the  Marshal  shall 
serve  a  notice  of  such  order  or  resolution  on  the  person,  who 
is  herein  required  to  make  or  relay  such  gutter,  or  upon  his 
proper  representative  or  agent,  and  if  he  can  find  no  person 
in  the  city  on  whom  to  serve  such  order  or  resolution,  then 
by  publishing  the  same  in  some  newspaper  of  this  city  for 
one  week,  if  the  same  be  a  daily  paper,  or  two  weeks  if  it  be 
a  weekly  paper.  Such  order  or  resolution  shall  prescribe  the 
time  within  which  such  gutter  shall  be  made  or  relaid,  and 
shall  in  general  terms  require  such  work  to  be  of  the  kind, 
quality  and  description  set  forth  in  section  2  hereof.  If  the 
lot  or  part  of  lot,  adjacent  to  which  such  guttering  is  to  be 


136  ORDINANCES, 

made  or  relaid,  is  in  the  occupancy  of  any  tenant,  the  Mar- 
shal, in  addition  to  the  publication  herein  required,  in  cases 
where  such  publication  is  necessary,  shall  serve  a  copy  of 
such  order  or  resolution  on  the  tenant,  by  leaving  the  same  at 
the  house  of  such  tenant,  or  by  delivering  it  to  him  personally. 

Sec.  4.  If  any  person  shall  neglect,  or  refuse  to  construct, 
or  relay  such  gutter,  as  required  by  said  order  or  resolution, 
after  service  of  the  same  as  herein  provided,  the  Council  shall 
direct  the  same  to  be  done  at  the  expense  of  the  owner,  and 
the  expense  and  all  the  costs  thereof,  shall  be  assessed 
against  such  lot  or  part  of  lot  as  a  special  tax  thereon,  and 
may  with  the  interest,  be  collected  in  the  manner  provided  for 
the  collection  of  such  special  taxes,  or  by  a  civil  action  in  the 
name  of  the  city. 

Sec.  5.  It  shall  be  the  duty  of  the  Marshal,  when  any  gut- 
ter of  the  city  needs  repairing,  to  notify  the  person  owning  the 
property  adjacent  to  the  gutter  needing  such  repair,  his  proper 
representative  or  agent,  to  repair  the  same,  and  if  the  same 
is  not  done  within  a  reasonable  time  after  such  notice,  the 
Marshal  shall  report  the  same  to  the  Council,  and  the  Coun- 
cil may  order  such  repairs  to  be  made  at  the  expense  of  the 
city,  and  for  the  collection  of  costs  and  expenses  of  such  re- 
pairs, the  city  shall  have  the  same  remedies  that  are  provided 
in  section  4  hereof. 

Sec.  6.  All  work  done  under  the  provisions  of  this  ordi- 
nance, whether  by  the  owner  of  the  adjacent  property  or 
otherwise,  shall  be  done  under  the  supervision,  and  to  the  sat- 
isfaction of  the  Street  Commissioner. 

Sec.  7.  No  person  shall  encumber  or  obstruct  the  gutters 
of  said  city,  by  throwing  or  placing  therein  any  ashes,  gar- 
bage, filth  or  slops,  or  anything  that  will  in  any  manner  in- 
terfere with  the  full  and  uninterrupted  flow  of  the  water,  under 
a  penalty  of  not  more  than  five  dollars  for  each  and  every 
offence. 

Sec.  8.  It  shall  be  the  duty  of  every  occupant  of  property, 
to  keep  the  gutters  in  front  of  the  property  he  is  occupying, 
free  and  clear  of  all  filth  or  other  impurities  and  obstructions 
of  any  sort  or  kind  whatever,  under  a  penalty  of  not  more 
than  five  dollars  for  each  and  every  offence. 


STREETS   AND  ALLEYS.  1 37 

CHAPTER  XLVII. 

STREETS  AND  ALLEYS. 

An  Ordinance  in  relation  to  the  Grades  of  the  City  of  Mus- 
catine. 

1.  Grade  of  First,  Second,  Third,  Fourth,   i      2.  The  grades  of  all  cross  streets  and  al- 
Fifth,  Sixth,  Seventh  and  Eighth  streets.        |   leys  to  conform  to  the  elevation  as  given. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine : 

Section  i.  That  the  following  elevations,  above  the  base 
level  at  the  crossings  of  the  streets,  be  and  are  hereby  estab- 
lished as  the  grade  of  the  streets  as  named  : 

On  First  street,  at  the  eastern  limits  of  the  city,  the  eleva- 
tion shall  be  three  hundred  and  twenty-five  feet  above  the  base 
level  ;  thence  descend  to  Poplar  at  three  hundred  feet  ; 
thence  to  Orange  and  thence  to  Mulberry  at  three  hundred 
and  three  feet  ;  thence  to  Cedar  at  three  hundred  and  five 
feet  ;  thence  to  Sycamore  at  three  hundred  and  three  feet  ; 
thence  level  to  Chestnut  street  ;  thence  to  Linn  at  three 
hundred  and  seven  feet  ;  thence  to  Spruce  at  three  hundred 
and  fifteen  feet  ;  thence  level  to*  Broadway;  thence  to  Cherry 
at  three  hundred  and  nine  feet  ;  thence  to  Elm  at  three  hun- 
dred and  five  feet. 

On  Second  street,  at  the  eastern  boundary  of  the  city,  the 
elevation  shall  be  three  hundred  and  fifty-four  feet  ;  thence  to 
east  side  of  Poplar  at  three  hundred  feet  ;  thence  to  west 
side  of  Oak  at  three  hundred  feet  ;  thence  to  Orange  at 
three  hundred  and  two  feet  ;  thence  to  Mulberry  at  three 
hundred  and  eleven  feet  ;  thence  to  Walnut  at  three  hun- 
dred and  nineteen  feet  ;  thence  to  center  of  block  between 
Walnut  and  Cedar  at  three  hundred  and  twenty-two  feet  ; 
thence  to  Cedar  at  three  hundred  and  nineteen  feet  ;  thence 
to  Sycamore  at  three  hundred  and  ten  feet  ;  thence  to  Iowa 
avenue  at  three  hundred  and  seventeen  feet  ;  thence  to  Chest- 
nut at  three  hundred  and  twenty-four  feet  ;  thence  to  Pine  at 
three  hundred  and  thirty-feet  ;  thence  to  Locust  at  four 
hundred  and  ten  feet  ;  thence  to  Cherry  at  four  hundred  and 
fifteen  feet  ;  thence  to  Elm  at  three  hundred  and  sixty- 
eight  feet. 

On  Third  street,  at  the  eastern  boundary  of  the  old  city, 
the  elevation  shall  be  three  hundred  and  thirty  feet  ;  thence 
to  Cypress  at  three  hundred  and  fifteen  feet  ;  thence  to  the 
level  of  the  railroad  ;  thence  to  the  westerly  corner  of  lots  2 
and  9,  in  block  between  Oak  and  Orange,  at  three  hundred 
and  two  feet  ;  thence  to  Mulberry  at  three  hundred  and 
twenty-seven  feet  ;  thence  level  to  Walnut  ;  thence  to  Cedar 
at  three  hundred  and  twenty  and  one-eighth  feet ;    thence  to 

i8 


iH     ai  tnr 

L 


138  ORDINANCES. 

to  Sycamore  at  three  hundred  and  twenty-one  feet  ;  thence 
to  Iowa  avenue  at  three  hundred  and  twenty-seven  and  one- 
fourth  feet  ;  thence  to  Spruce  at  four  hundred  and  two  feet  ; 
thence  to  Broadway  at  four  hundred  and  fifty-seven  feet  ; 
thence  to  Cherry  at  four  hundred  and  seventy-five  feet. 

On  Fourth  street,  at  the  railroad,  level  with  the  same, 
thence  to  Spring  at  three  hundred  and  three  feet  ;  thence  to 
Oak  at  three  hundred  and  seven  feet ;  thence  to  Orange  at  three 
hundred  and  fifteen  feet  ;  thence  to  Mulberry  at  three  hundred 
and  thirty-two  feet  ;  thence  to  Cedar  at  three  hundred  and 
twenty-two  and  one  seventh  feet ;  thence  to  Sycamore  at  three 
hundred  and  thirty-four  feet  ;  thence  to  Iowa  avenue  at 
three  hundred  and  forty-five  feet  ;  thence  to  Chestnut  at 
three  hundred  and  sixty  feet  ;  thence  to  Pine  at  three  hun- 
dred and  eighty-four  feet  ;  thence  to  Linn  at  three  hundred 
and  ninety-eight  feet  ;  thence  to  Spruce  at  four  hundred  and 
thirteen  feet  ;  thence  to  Broadway  at  four  hundred  and  sixty 
feet  ;  thence  to  Cherry  at  four  hundred  and  seventy-five  feet. 

On  Fifth  street,  at  eastern  limits  of  old  city  boundary,  level 
with  the  railroad  ;  thence  to  Poplar  at  three  hundred  and  four 
feet  ;  thence  to  Oak  at  three  hundred  and  thirty  feet  ;  thence 
to  Mulberry  at  three  hundred  and  thirty-seven  feet  ;  thence  to 
Cedar  at  three  hundred  and  twenty-four  and  one-fifth  feet  ; 
thence  to  Iowa  avenue  at  three  hundred  and  fifty-eight  feet ; 
thence  to  Linn  at  three  hundred  and  seventy-five  feet  ;  thence 
to  Spruce  at  three  hundred  and  ninety  feet  ;  thence  to  Broad- 
way at  four  hundred  and  forty  feet. 

On  Sixth  street,  at  Lombard,  three  hundred  and  five  feet  ; 
thence  to  Cypress  at  three  hundred  and  ten  feet  ;  thence  to 
Poplar  at  three  hundred  and  thirty  feet  ;  thence  to  Spring  at 
three  hundred  and  thirty-seven  feet  ;  thence  to  Mulberry 
at  three  hundred  and  forty-two  feet  ;  thence  to  Cedar  at 
three  hundred  and  twenty-six  and  one-fourth  feet  ;  thence 
to  Sycamore  at  three  hundred  and  forty-eight  feet  ;  thence 
to  Iowa  avenue  at  three  hundred  and  sixty  feet  ;  thence  to 
Linn  at  three  hundred  and  eighty-eight  feet  ;  thence  to  Broad- 
way at  four  hundred  feet. 

On  Seventh  street,  at  Lombard,  three  hundred  and  thirty 
feet ;  thence  to  Cypress  at  three  hundred  and  thirty-five  feet  ; 
thence  to  Spring  at  three  hundred  and  thirty-eight  feet ;  thence 
to  Oak  at  three  hundred  and  fifty-five  feet  ;  thence  two  hun- 
dred and  forty  feet  at  three  hundred  and  eighty-five  feet  ; 
thence  to  Orange  at  three  hundred  and  seventy-nine 
feet ;  thence  to  Mulberry  at  three  hundred  and  forty-seven  feet ; 
thence  to  Walnut  at  three  hundred  and  thirty-six  feet  ;  thence 
to  Cedar  at  three  hundred  and  twenty-eight  and  one-half  feet  ; 


STREETS   AND   ALLEYS.  1 39 

thence  to  Sycamore  at  three  hundred  and  forty-five  feet ;  thence 
to  Iowa  avenue  at  three  hundred  and  sixty-two  feet  ;  thence 
to  Pine  at  three  hundred  and  ninety-five  feet  ;  thence  to  Broad- 
way at  four  hundred  and  thirty  feet. 

On  Eighth  street  at  eastern  Hmits  of  old  boundary,  three 
hundred  and  thirty-five  feet  ;  thence  to  Poplar  at  three  hun- 
dred and  thirty-eight  feet  ;  thence  to  Spring  at  three  hundred 
and  fifty  feet  ;  thence  to  a  point  two  hundred  and  ten  feet 
westward  from  the  center  of  Oak,  three  hundred  and  seventy- 
five  feet  ;  thence  to  Orange  at  three  hundred  and  ninety  feet  ; 
thence  to  Mulberry  at  three  hundred  and  fifty-two  feet  ;  thence 
to  Cedar  at  three  hundred  and  thirty  feet  ;  thence  to  Syca- 
more at  three  hundred  and  thirty-seven  feet  ;  thence  to  Iowa 
avenue  at  three  hundred  and  sixty-four  feet  ;  thence  to 
Pine  at  three  hundred  and  ninety-five  feet  ;  thence  to  Linn 
at  four  hundred  and  twenty  feet  ;  thence  to  Spring  at  four 
hundred  and  twenty-five  feet  ;  thence  to  Broadway  at 
four  hundred  and  fifty  feet. 

Sec.  2.  The  grades  of  the  alleys  and  cross  streets  will  con- 
form to  the  elevations  as  given  in  the  preceding  section,  and 
will  be  on  one  plan  from  street  to  street,  except  as  provided 
in  this  section.  On  Lombard  street,  four  hundred  feet  from 
the  center  of  Front  at  three  hundred  and  fifty  feet.  On  Iowa 
avenue,  one  hundred  and  eighty  feet  from  the  center  of  Fourth 
toward  Fifth,  at  three  hundred  and  fifty-three  and  one- 
eighth  feet. 

Sec.  3.  That  the  grade  on  Seventh  street,  between  Oak 
and  Orange  streets,  be  changed  so  as  to  run  westerly 
from  Oak  street  or  Seventh  street,  two  hundred  and  forty 
(240)  feet,  to  an  elevation  of  three  hundred  and  seventy-nine 
(379)  f^et,  and  thence  to  Orange  street,  three  hundred  and 
seventy-nine  (379)  feet,  as  at  present  established. 

Sec.  4.  That  the  grade  between  Pine  and  Linn  streets,  is 
hereby  changed  to  run  as  follows,  viz.  :  From  a  point  as  now 
established  at  the  intersection  of  Fourth  and  Pine  streets 
westerly  on  Fourth  street,  one  hundred  and  eighty  (180)  feet, 
to  an  elevation  of  three  hundred  and  ninety-six.  (396)  feet, 
and  thence  in  a  true  line  to  the  grade  as  now  established  at 
the  intersection  of  Lynn  and  Pine  streets. 


I40 


ORDINANCES. 


CHAPTER  XLVIIL 

STREETS  AND  ALLEYS. 


An  Ordinance  for  the  protection  of  Streets  and  Alleys. 


1.  No  person  permitted  to  dig  into  or  take 
any  earth  from  any  highway  or  wharf,  ex- 
cept by  direction  of  Street  Commissioner, 
or  by  permission  of  the  Council. 

2.  When  and  for  what  purpose  the  Coun- 
cil may  give  such  permission.    Street   or 


sidewalk  must  be  placed  in  as  good  condi- 
tion as  before. 

3.  Sides  of  excavation  must  be  properly 
protected. 

4.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  be  permitted  to  dig  into, 
or  remove  from  any  street,  alley  or  other  public  highway, 
or  from  any  wharf,  any  earth,  rock,  stone,  or  other  material 
pertaining  to  such  street,  alley,  public  highway  or  wharf,  ex- 
cept by  direction  and  under  the  supervision  of  the  Street 
Commissioner,  or  with  the  permission  of  the  Council. 

Sec.  2.  The  Council  may  give  permission  to  any  person  or 
corporate  body,  to  make  excavations  on  any  street  or  alley, 
and  to  take  up  any  pavement  or  sidewalk  for  the  purpose  of 
laying  any  drain  or  sewer,  gas  or  water  pipe.  Any  persons 
or  corporations  availing  themselves  of  such  permission,  shall, 
as  speedily  as  practicable,  cause  such  street,  alley  or  other 
highway,  pavement  or  sidewalk,  to  be  placed  in  as  good  and 
permanent  condition,  and  as  suitable  for  travel,  as  it  was  be- 
fore being  excavated. 

Sec.  3.  In  all  cases  where  excavations  are  made  under  the 
authority  of  this  ordinance,  it  shall  be  the  duty  of  the  party 
or  parties  making  the  same,  to  have  the  sides  of  the  excava- 
tions protected,  without  any  delay,  by  suitable  barriers,  and 
to  take  every  precaution  against  accident  or  injury  to  persons 
or  animals. 

Sec.  4.  Any  persons  violating  the  provisions  of  this  ordi- 
nance, shall  be  subject  to  a  penalty  of  not  more  than  one 
hundred  dollars,  and  if  such  street  or  other  public  highway  is 
not  relaid  in  as  good  and  substantial  a  manner  as  before  such 
excavation,  the  city  shall  have  the  right  to  repair  or  relay  the 
same,  and  recover  the  cost  of  such  repairs  by  civil  action 
against  the  person  or  body  whose  duty  it  was  to  make  the 
same.  Where  a  corporation  is  proceeded  against  for  a  viola- 
tion of  the  provisions  of  this  ordinance,  any  judgment 
rendered  against  it,  either  in  the  way  of  fines  or  otherwise, 
may  be  collected  in  the  way  that  ordinary  judgments  are  col- 
lected. 


STREETS   AND   ALLEYS. 


CHAPTER  XLVIX. 


STREETS  AND  ALLEYS. 


141 


An  Ordinance  in  relation  to  opening-  new  Streets  and  Alleys, 


and  for  the  extension,  straigfhteninj 
isting  Streets  and  alleys. 


and  widening  of  ex- 


1.  Council  may  open  new  streets  and  al- 
leys, and  extend,  straighten  or  widen  ex- 
isting ones,  when. 

2.  Council  shall  first  endeavor  to  purchase 
ground  at  a  reasonable  price.  No  purchase 
to  be  made  until  title  is  examined  and  ab- 
stract furnished. 

3.  Deed  to  be  made  to  the  city  for  ground 
purchased. 

4.  When  the  city  fails  to  make  purchase 
of  the  ground  needed  it  shall,  before  enter- 
ing upon  it,  file  application  in  the  Circuit 
Court.    Requisites  of  such  application. 

5.  On  whom  and  in  what  manner  notice  of 
such  application  is  to  be  served. 

6.  How  service  made  on  non-residents. 


7.  Court  shall  empannel  jury  to  ascertain 
compensation  to  be  made  to  the  owner  of 
the  ground. 

8.  Duty  of  jury  in  ascertaining  compensa- 
tion. 

9.  When  an  amount  of  compensation  in 
made.  Court  may  make  order  in  respect  to 
payment  or  deposit  of  the  money.  City 
must  comply  with  (-rder  of  Court  before  tak- 
ing possession. 

10.  Adverse  claimant.  Rights,  how  set- 
tled. 

n.  What  costs  city  liable  for. 
12.  City  may  abandon  proposed  improve 
ment  in  whole  or  in  part. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  Council  may,  when,  in  their  judg- 
ment the  public  interest  shall  demand  it,  open  new  streets 
^and  alleys  in  the  city,  or  extend,  straighten  or  widen,  any  ex- 
isting street  or  alley,  but  no  new  street  or  alley  shall  be 
opened,  and  no  street  or  alley  as  now  laid  out  shall  be  exten- 
ded, widened  or  staightened,  except  by  the  affirmative  vote 
of  two-thirds  of  the  Council,  and  shall  not  then  be  done  un- 
less there  is  money  in  the  treasury,  or  due  the  city  from  the 
taxes  of  the  current  year,  which  can  properly  be  applied  to 
the  expenditure  required  for  such  opening,  extension,  widen- 
ing or  straightening. 

Sec.  2.  In  all  cases  v/here  the  Council  shall  conclude  to  do 
any  of  the  acts  authorized  by  this  ordinance,  they  shall  first 
endeavor  to  purchase  of  the  owner  or  owners,  the  requisite 
quantity  of  ground  that  may  be  needed  for  such  opening, 
widening,  extension  or  straightening,  and  to  purchase  the 
same  when  such  purchase  can,  in  the  judgment  of  the  Coun- 
cil, be  made  at  a  fair  and  reasonable  price.  Before  making 
such  purchase,  the  Council  shall  cause  the  title  to  such  ground 
to  be  examined  by  some  person  competent  to  make  such  ex- 
amination, and  a  full  and  complete  abstract  thereof  to  be  pre- 
sented to  the  Council,  and  the  same  may,  if  the  Council  see 
proper  so  to  direct,  be  submitted  to  some  competent  attor- 
|H     ney,  for  his  opinion  thereon. 

I^K         Sec.  3.  In  all  cases  where  land  is   purchased   by  the  city 


142  ORDINANCES. 

from  the  owner  or  owners,  for  any  of  the  purposes  named  in, 
this  ordinance,  the  person  or  persons  so  selHng  sha41  execute 
and  deliver  to  the  city  a  good  and  sufficient  deed  for  the  ground 
so  purchased. 

Sec.  4.  When,  for  any  cause,  the  city  shall  fail  to  secure  such 
ground,  as  it  may  need  for  streets  or  alleys  by  purchase,  re- 
lease or  otherwise,  the  city  may  proceed  to  secure  the  same,  in 
the  manner  hereinafter  provided. 

Sec.  5.  Before  entering  upon,  or  attempting  to  take  any 
private  property  for  any  of  the  uses  authorized  by  this  ordi- 
nance, the  council  shall  cause  an  application  to  be  made,  in 
writing,  to  the  Circuit  Court  for  the  County  of  Muscatine, 
which  application  shall  describe,  as  accurately  as  may  be,  the 
property  to  be  taken,  the  object  for  which  it  is  proposed  to  be 
taken,  and  the  names  of  the  owner  or  owners  of  each  lot  or 
parcel  thereof,  if  known. 

Sec.  6.  Such  application  shall  be  filed  in  the  office  of  the 
clerk  of  said  Circuit  Court,  and  notice  of  the  filing  of  said  ap- 
plication, shall  be  served  on  the  owner  or  owners  of  the  land 
so  proposed  to  be  taken,  if  the  same  are  known  and  can  be 
found,  in  the  same  manner  and  within  the  same  time  as  is  re- 
quired for  civil  actions  commenced  in  said  Court. 

Sec.  7.  If  any  of  such  owners  are  non-residents,  so  that  per- 
sonal service  of  such  application  cannot  be  had  on  him  or  them 
in  this  State,  they  may  be  served  by  publication.  All  the  re- 
quirements of  the  Statute  touching  service  by  publication  in 
civil  actions,  must  be  observed  where  service  is  made  by 
publication  under  this  ordinance,  and,  when  so  observed,  such 
service  shall  have  the  same  force  and  effect  that  is  given  to 
notices,  similarly  served,  of  actions  commenced  in  the  Circuit 
or  District  Courts. 

Sec.  8.  After  the  service  has  been  made  as  provided  in  the 
two  preceding  sections,  the  Court  shall  proceed  to  ascertain 
the  compensation  to  which  each  of  such  owners  shall  be  enti- 
tled for  the  taking  of  his  property,  and  for  that  purpose  shall 
empanel  a  jury,  and  the  mode  of  proceedure,  shall,  as  far  as 
applicable,  be  the  same  as  in  action  of  ordinary  proceeding. 

Sec.  9.  The  assessment  shall  be  made  so  that  the  amount 
to  be  paid  to  each  owner  may  be  ascertained  either  by  allot- 
ting it  to  each  owner  by  name,  or  by  each  lot  or  parcel  of 
ground.  The  jury  ahall  be  sworn  to  make  the  whole  inquiry 
and  assessment,  but  may  be  allowed  to  return  a  verdict  as  to 
part,  and  be  discharged  as  to  the  rest,  in  the  discretion  of  the 
Court,  and  in  case  they  shall  be  discharged  from  rendering  a 
verdict  in  whole  or  in  part,  another  jury  may  be  empaneled  at 
the  earliest  convenient  time,  which  shall  make  an  assessment 


I 


STREETS    AND   ALLEYS.  143 

of  the  damages  to  so  much  or  such  part  as  the  other  jury  were 
discharged  from. 

Sec.  io.  When  the  amount  of  compensation  to  which  any 
property  owner  shall  be  entitled,  has  been  ascertained  by  the 
verdict  of  the  jury  the  Court  may  make  such  order,  as  to  the 
payment,  or  deposit  as  may  be  deemed  just  and  proper.  But  the 
City  shall  not  enter  upon  or  attempt  to  occupy  any  lot  or  parcel 
of  land  described  in  said  application,  until  it  shall  have  paid,  de- 
posited, or  secured  to  be  paid,  to  the  owner  of  such  lot  or  par- 
cel of  ground,  the  compensation  to  which  he  shall  be  entitled 
by  the  verdict  of  the  jury.  When  the  City  shall  have  paid  the 
compensation  assessed,  or  secured  its  payment  by  a  deposit  of 
money,  under  the  order  of  the  Court,  possession  of  the  prop- 
erty in  respect  to  which  such  compensation  has  been  paid,  or 
secured,  may  be  taken  by  the  city. 

Sec.  1 1.  When  the  city  shall  have  complied  with  the  order 
of  the  Court  in  the  paying  or  securing  to  be  paid,  the  compen- 
sation awarded  to  any  owner,  or  allotted  to  any  particular  lot 
or  parcel  of  land,  its  right  thereto  shall  not  be  affected  by  any 
adverse  claimant,  but  the  right  of  such  adverse  claimant  shall 
be  confined  to  the  money  so  paid,  or  secured,  and  shall  be 
settled  and  adjusted  by  the  Court,  as  provided  by  Section  477 
of  the  Code. 

Sec.  12.  The  City  shall  be  liable  for  the  costs  of  the  inqui- 
ry and  assessment,  and  lor  no  other  costs,  unless  the  same 
shall  be  taxed  to  it  by  order  of  the' Court. 

Sec.  13.  If  the  damages  assessed  against  the  City  are  ex- 
cessive, and  such,  as,  in  the  judgment  of  the  Council,  it  ought 
not  to  pay,  the  proposed  improvement  may  be  abandoned,  in 
whole  or  in  part.  Or,  if  the  Court  shall  make  an  order  re- 
quiring the  damages  to  be  paid  or  secured  within  a  time  which 
it  shall  deem  reasonable  for  the  purpose,  and  if  the  City  shall 
fail  to  comply  with  such  order  within  the  time  fixed,  such  fail- 
ure shall  be  regarded  as  an  abandonment  of  the  proposed  im- 
provement. 


144  ORDINANCES. 

CHAPTER  L. 

STREETS  AND  ALLEYS. 

An  Ordinance  in  relation  to  the  Paving  of  Streets  and  Al- 
leys : 


1.  Council  may  order  a  street  to  be  paved, 
when. 

2.  Order  to  be  issued.    Form  of  order. 

3.  Order  to  be  signed  by  the  Mayor,  and 
published.  Publication  deemed  sufficient, 
notice.  Marshal  to  notify,  when.  Failure 
of  City  to  prepare  street  or  alley  for  paving 
when  ordered.  May  grade  within  ninety 
days.  Marshal  may  serve  notice  on  owners 
or  their  agents.  Non-residents  to  be  served 
by  publication.  When  owner  refuses.  City 
can  prosecute  work,  and  assess  expense  to 
property  owned  by  parlies  refusing. 


5.  If  all  or  part  of  said  paving  is  done  by 
the  City,  account  must  be  kept  of  work  and 
materials  by  the  officer  having  the  same  in 
charge,  who  shall  have  same  duties  as  Street 
Commissioner.  Rate  for  labor;  officer  to  is- 
sue certificates  and  report  to  Council. 

6.  Party  receiving  certificate  to  deliver  the 
same  to  Mayor,  who  shall  issue  him  a  war- 
rant therefor  payable  out  of  the  paving  fund. 
To  be  received  by  Collector,  when. 

7.  Certificates  to  be  preserved ;  shall  pro- 
cure check  book,  &c. 

8.  Collector  to  collect  all  assessments  un- 


4.   If  owners  fail  to  complete  work  as  or-    i    der  this  ordinance.    Money  designated   the 
dered.  City  may  cause  the  same  to  be  done,    i    ''Paving  Fund.*'     Shall   be  kept  separate. 


Work  to  be  given  out  on  contract.  Costs 
to  be  assessed  ratably.  Officer  or  party  do- 
ing work  to  keep  account  of  cost,  and  certify 
the  same  to  the  Council,  to  have  eftect  of 
tax.  , 


Commission  of  collector  and  treasurer  pay- 
able out  of  general  fund. 

9.  Collections,  how  made. 

10.  Paving  to  conform  to  grade. 

11.  City  to  superintend  improvements. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Sec.  I.  That  the  City  Council  shall,  from  time  to  time,  order 
and  cause  such  street  or  part  of  street  and  alley  or  part  of  alley 
in  said  City  to  be  paved  as  they  may  deem  proper  and  advis- 
able. 

Sec.  2.  That  whenever  such  improvement  is  ordered  by  the 
Council,  the  order  thereof  may  be  in  the  follo.wing  or  equiva- 
lent form  :     ''Ordered  by  the  City  Council  of  the  City  of  Mus- 

'*  catine  that street  from  street  to street 

"  be  paved  as  follows  :  "  (Here  describe,  as  nearly  as  practi- 
cable, the  material  to  be  used,  the  kind,  quality  and  size  there- 
of, and  the  depth  of  paving.)     "  Notice  is  hereby  given  to  the 

"  owners  and   holders  of  lots  on  said street   to  pave 

"one-half  of  the  said  street,  opposite  to  and  adjoining  their 
"  respective  lots,  as  required  by  this  order,  on  or  before  the  — 
"  day  of next.  " 

Sec.  3.  The  foregoing  order,  signed  by  the  Mayor  and  attest- 
ed by  the  Recorder,  shall  be  published  in  one  or  more  newspa- 
pers printed  in  said  City,  three  times  consecutively,  the  first  in- 
sertion being  at  least  thirty  days  prior  to  the  time  named  in 
said  order.  Such  publication  shall  be  deemed  a  full  and  suffi- 
cient notice  to  all  persons  owning  lots  on  the  streets  so  or- 
dered to  be  paved,  of  the  kind  of  paving  required  of  them,  on 
said  street,  and  of  the  time  within  which  they  will  be  required 


STREETS    AND   ALLEYS. 


145 


CHAPTER  L. 


STREETS  AND  ALLEYS. 


An  Ordinance  in  relation  to  the  Paving  of  Streets  and  Al- 
leys : 


1.  Council  may  order  a  street  to  be  paved, 
when. 

2.  Order  to  he  issued.    Form  of  order. 

3.  Order  to  he  signed  by  the  Mayor,  and 
published.  Publication  deemed  sufficient 
notice.  Marshal  to  notify,  when.  Failure 
of  City  to  prepare  street  or  alley  for  paving 
when  ordered.  May  grade  within  ninety 
days.  Marshal  may  serve  notice  on  owners 
or  their  agents.  Non-residents  to  be  served 
by  publication.  When  owner  refuses,  City 
can  prosecute  work,  and  assess  expense  to 
property  owned  by  party  refusing. 

4.  If  owner  fails  to  complete  work  as  or- 
dered. City  may  cause  the  same  to  be  done. 
Work  to  be  given  out  on  contract.  Costs 
to  be  assessed  ratably.  Officer  or  party  do- 
ing work  to  keep  account  of  cost,  and  certify 
the  same  to  the  Council ;  to  have  effect  of 
tax. 


5.  If  all  or  any  part  of  said  paving  is  done  by 
the  City,  account  must  bo  kept  of  work  and 
materials  by  the  officer  having  the  same  in 
charge,  who  shall  have  same  duties  as  Street 
Commissioner.  Rate  for  labor;  officer  to  is- 
sue certificates  and  report  to  Council. 

6.  Party  receiving  certificate  to  deliver  the 
same  to  Mayor,  who  shall  issue  him  a  war- 
rant therefor  payable  out  of  the  paving  fund. 
To  be  received  by  Collector,  when. 

7.  Certificates  to  be  preserved ;  shall  pro- 
cure check  book,  &c. 

8.  Collector  to  collect  all  assessments  un- 
der this  ordinance.  Money  designated  the 
'•Paving  Fund."'  Shall  be  kept  separate. 
Commission  of  collector  and  treasurer  pay- 
able out  of  general  fund. 

9.  Collections,  how  made. 

10.  Paving  to  conform  to  grade. 

11.  City  to  superintend  improvements. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Sec.  I.  That  the  City  Council  shall,  from  time  to  time,  order 
and  cause  such  street,  or  part  of  street,  and  alley,  or  part  of  alley 
in  said  City  to  be  paved  as  they  may  deem  proper  and  advis- 
able. 

Sec.  2.  That  whenever  such  improvement  is  ordered  by  the 
Council,  the  order  thereof  may  be  in  the  following  or  equiva- 
lent form  :     "Ordered  by  the  City  Council  of  the  City  of  Mus- 

*'  catine  that street  from  street  to  — street 

"■  be  paved  as  follows  :  "  (Here  describe,  as  nearly  as  practi- 
cable, the  material  to  be  used,  the  kind,  quality  and  size  there- 
of, and  the  depth  of  paving.)     "  Notice  is  hereby  given  to  the 

'*  owners  and   holders   of  lots  on  said —  street   to  pave 

"one-half  of  the  said  street,  opposite  to  and  adjoining  their 
"  respective  lots,  as  required  by  this  order,  on  or  before  the  — 
"  day  of next.  " 

Sec.  3.  The  foregoing  order,  signed  by  the  Mayor  and  attest- 
ed by  the  Recorder,  shall  be  published  in  one  or  more  newspa- 
pers printed  in  said  City,  three  times  consecutively,  the  first  in- 
sertion being  at  least  thirty  days  prior  to  the  time  named  in 
said  order.  Such  publication  shall  be  deemed  a  full  and  suffi- 
cient notice  to  all  persons  owning  lots  on  the  streets  so  or- 
dered to  be  paved,  of  the  kind  of  paving  required  of  them,  on 

19 


146  ORDINANCES. 

said  street,  and  of  the  time  within  which  they  will  be  required 
toldo  the  same.     Provided,  however,  that  in  addition  to  the 
publication  aforesaid,  the  Council  may,  if  they  determine  so  to 
do,  direct  the  Marshal    of  the  City  to  serve  a  copy  of  said  or- 
der on  the  owners  of  lots  fronting  on  the  streets  ordered  to  be 
paved,  residing  or  being   in   said   city,   which  order  must   be 
served  at  least  twenty  days  before  the  time  therein  named  for 
such  paving.    Provided  further ,  that  in  any  case  where  the  City 
shall  have  passed  an  order  requiring  any  street  or  alley  to  be 
paved  and  where  the  City  shall  have  failed  for   any   cause  to 
have  the   surface  of  such  locality  properly   graded  and  pre- 
pared for  such  paving  within  thirty  days  prescribed  by  ordi- 
nance for  the  commencement  of  such  work,  by  the  owners  of 
the  property  to  be  charged  with  the  expense  of  paving  such  lo- 
cality, the  City  may  cause  such  locality  to  be  properly  grad- 
ed and  prepared  for  such  paving  at  any  subsequent  time  with- 
in ninety  days  from  the  time  when  it  was  first  ordered  to  be 
commenced  by  the  respective  owners,  and  when  so  graded 
and  prepared,  the  Marshal  of  the  city  shall  notify  the  owners 
by  serving  upon  each  of  them,  or  their  agents,  if  they  be  resi- 
dents of  the  City,  a  copy  of  the  original  order,  with  an  addi- 
tional clause,   notifying  them  that  the  said  locality   is   now 
ready  for  paving  ;  and  if  they  be  non-residents  of  the  City  and 
have  no  resident  agents,  by  publishing  such  order   by  three 
insertions  in  at  least  one  of  the  newspapers  of  the  City;  and  in 
case  such   owner   shall    refuse  or  neglect  to  commence,  and 
prosecute  such  work  to  completion  within  seven  days  from 
the  date  of  the  service  of  such  order  and  notice,  either  person- 
ally or  by  publication,  the  City  shall  proceed  to  cause  the  lo- 
cality    therein    described    to     be    paved,    and     the   expense 
thereof  to  be  assessed  and  charged  up  to  the  lots    or  parts  of 
lots  ;  and  collect  the  same  as  ordinary  City  taxes,  in  like  man- 
ner as  though  such  locality  had  been  properly  prepared  at  the 
time  first  set  for  having  the  same  done. 

Sec.  4.  If,  at  the  expiration  of  the  time  fixed  by  said  order, 
the  owner,  or  owners  of  any  real  estate  on  the  street  therein 
named,  fail  to  make,  or  if  it  be  commenced,  to  diligently  pros- 
ecute to  completion,  his,  or  their,  proportion  of  the  improve- 
ment in  the  manner  prescribed  by  the  order  aforesaid,  the 
City  may  cause  the  same  to  be  done  and  to  that  end  may 
give  out  the  unfinished  portion  of  said  street  on  contract,  in 
such  manner  and  on  such  terms  as  will  insure  a  faithful,  speedy 
and  economical  completion  thereof ;  or  they  may  direct  it  to 
be  done  by  such  officer  as  the  Council  may  designate.  If 
done  by  contract  the  cost  thereof  shall  be  assessed  ratably  on 
the  adjoining  lots  or  parts  of  lots  ;  if  done  by  the  City  the  of- 
ficer charged  with  the  making  or  completion  of  such  improve- 


STREETS   AND   ALLEYS.  14/ 

ment  shall  keep  an  accurate  account  of  the  cost  incurred 
opposite  to  and  adjoining  each  lot,  or  part  of  lot,  and 
shall  certify  the  same  to  the  Council,  and  such  cost  shall  be 
assessed  on  such  lots  or  parts  of  lots,  and  shall  have  the  ef- 
fect of  a  tax  levied  thereon. 

Sec.  5.  If  the  whole,  or  any  part  of  said  paving,  is  done  by 
the  City,  the  officer  having  charge  of  the  same  shall  keep  a 
true  record  of  the  materials  furnished,  the  work  done,  and  the 
precise  locality  of  the  work,  and  shall  have  the  same  general 
powers  and  be  held  to  the  same  general  duties,  in  relation  to 
the  specific  improvement  ordered,  as  the  Street  Commissioner 
has,  and  is  chargeable  with,  in  relation  to  the  repairing  and 
improving  of  general  highways  in  the  City,  and  the  same 
rates  allowed  for  work  and  labor  on  the  streets  generally  shall 
be  allowed  for  work  and  labor  done  under  this  ordi- 
nance. And  for  such  work  done,  the  said  officer  having 
charge  of  the  same  shall  issue  certificates  in  the  same  manner, 
and  shall  report  to  the  Council  as  fully  and  particularly,  as  the 
Street  Commissioner  is  required  to  do. 

Sec.  6.  The  person  to  whom  such  certificate  is  given  shall 
deliver  the  same  to  the  Recorder,  who  shall,  in  lieu  thereof, 
give  a  warrant  on  the  City  Treasurer,  signed  by  the  Mayor 
and  countersigned  by  himself,  for  the  amount  of  such  certifi- 
cate payable  specifically  out  of  the  paving  fund,  and  such  war- 
rant shall  be  receivable  by  the  Collector  in  payment  of  paving 
assessments,  under  this  ordinance. 

Sec.  7.  All  certificates  delivered  to  the  Recorder,  as  in  this 
ordinance  provided,  shall  be  carefully  preserved.  He  shall 
procure  a  check  book  of  sufficient  size  for  paving  warrants 
aforesaid,  which  book  shall  have  a  margin  with  space  enough 
to  note  the  number,  amount  and  date  of  such  warrants,  the 
name  of  the  payee  and  his  receipt. 

Sec.  8.  The  City  Collector  shall  be  Collector  of  all  assess- 
ments made  under,  and  by  the  authority  of,  this  ordinance,  and 
the  moneys  arising  from  such  assessments  shall  be  designated 
as  the  "  Paving  Fund,"  and  shall  be  kept  separate  and  distinct 
from  all  other  moneys,  as  well  by  the  Treasurer  as  by  the  Col- 
lector, and  no  money  shall  be  drawn  out  of  such  fund  except 
on  warrants  drawn  expressly  on  said  fund,  nor  shall  anything 
be  receivable  in  payment  of  such  assessments  but  cash  or 
warrants  drav/n  on  said  funds.  The  Collector  shall  receive 
the  usual  commission,  for  the  services  herein  required  of  him,  • 
payable  out  of  the  general  treasury  of  the  City. 

Sec.  9.  Any  and  all  paving  done  by  the  City,  under  the 
provisions  of  this  ordinance,  shall,  if  the  assessment  therefor 
be  not  paid  by  the  party  or  parties  chargeable  therewith,  as 


143  ORDINANCES. 

herein  required,  become  and  be  levied  as  a  special  tax  on  the 
property  liable  for  such  assessment,  and  all  the  provisions  of 
law  relating  to  special  assessments,  and  for  the  enforcement 
and  collection  of  the  same,  shall  apply  to  assessments  levied 
under  the  provisions  of  this  ordinance. 

Sec.  io.  It  shall  be  the  duty  of  the  Council,  whenever  any 
street,  or  alley,  is  ordered  to  be  paved,  to  so  prepare  the  same 
that  the  street  or  alley,  when  properly  paved,  shall  conform 
to  the  grade  established  for  it,  proper  consideration  and  allow- 
ance being  made  for  subsidence,  for  use  and  weather. 

Sec.  II.  All  improvements  made  under  the  provisions  of 
this  ordinance,  shall  be  made  under  the  direction  and  super- 
vision of  the  City. 


CHAPTER  LI. 

STREETS  AND  ALLEYS. 

An  Ordinance  Establishing  Grades  in  North  Muscatine  : 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  following  elevations  above  the  base 
line  at  the  crossing  of  the  streets  be,  and  the  same  are  hereby 
established  as  the  grade  of  the  streets  as  named. 

On  Eighth  street,  at  the  intersection  of  Poplar  street,  the 
elevation  shall  be  three  hundred  and  thirty-eight  feet  above 
the  base  level  ;  thence  to  Ninth  street  three  hundred  and  thir- 
ty-nine feet  ;  thence  to  Tenth  street  three  hundred  and  forty- 
eight  feet  ;  thence  to  South  Eleventh  street  three  hundred  and 
sixty-two  feet. 

On  Eighth  street,  at  the  intersection  of  Cypress  street, 
the  elevation  shall  be  three  hundred  and  thirty-six  feet  above 
the  base  level  ;  thence  to  Ninth  street  three  hundred  and  thir- 
ty-seven feet  ;  thence  to  Tenth  street  three  hundred  and  forty 
and  five-tenths  feet  ;  thence  to  South  Eleventh  street  and  Tip- 
ton Road,  three  hundred  and  forty  three  and  twenty-six  hun- 
dredths feet  ;  thence  to  the  corner  of  the  alley  between 
blocks  eight  and  nine,  three  hundred  and  thirty-four  feet  ; 
thence  to  North  Eleventh  street  three  hundred  and  thirty- 
seven  feet. 

On  Eighth  street,  at  Lombard  street,  the  elevation  shall  be 
three  hundred  and  thirty-four  feet  ;  thence  to  Ninth  street 
three  hundred  and  thirty-five  feet  ;  thence  to  Tenth  street 
three  hundred  and  thirty-three  feet  ;  thence  to-corner  of  alley 
between  blocks  eight  and  nine,  three  hundred  and  thirty-four 


STREETS   AND   ALLEYS. 


149 


feet,  thence  to  North    Eleventh    street,  three    hundred  and 
thirty-seven  feet. 

On  Brooks  street,  at  intersection  of  Ninth  street,  the  eleva- 
tion shall  be  three  hundred  and  twenty-eight  feet  ;  thence  to 
Tenth  street  three  hundred  and  thirty-one  and  five  tenths 
feet  ;  thence  to  North  Eleventh  street  three  hundred  and  thir- 
ty-six feet. 


CHAPTER  LII. 


STREETS  AND  ALLEYS. 


rection  of  the  Street  Commissioner,  and  in 
the  custody  of  a  member  of  the  Police.  Pen- 
alty for  attempted  escape. 


An  Ordinance  relating  to  the  payment  of  fines  by  labor  on 
Streets  and  Alleys  : 

1.  When  the  Police  Judge  may  order  fines 
to  be  paid  by  labor  on  the  Streets. 

2.  Allowance  for  such  labor. 

3.  Persons  so  laboring  to  be  under  the  di- 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  when  any  person  or  persons  be  found 
guilty  of  any  offense  against  any  City  ordinance,  and  shall  be 
unable  or  refuse  to  pay  the  fine  or  fines  and  costs  assessed 
against  him  or  them  for  the  same,  the  Police  Judge,  may,  with 
the  consent  of  the  Mayor,  order  that  such  person  or  persons, 
be  employed  at  labor  on  the  streets  and  alleys  of  the  City  un- 
til such  fine,  or  fines,  and  costs  shall  be  fully-paid  by  said  la- 
bor. Whenever  such  order  is  made  the  same  shall  be  entered 
by  the  Police  Judge  on  the  docket. 

Sec.  2.  That  any  person  or  persons  thus  employed  to  labor 
shall  be  allowed  the  sum  of  $1.25  for  each  day's  labor,  to  be 
applied  in  the  extinguishment  of  his  or  their  fine  and  costs  of 
suit. 

Sec.  3.  That  persons  laboring  in  payment  of  fines  as  afore- 
said, shall  work  under  the  direction  of  the  Street  Commission- 
er, and  be  in  the  custody  of  the  Marshal  of  the  City,  or  some 
member  of  the  police  department,  and  any  person  thus  em- 
ployed to  labor,  escaping  or  attempting  to  escape  shall  be  lia- 
ble to  a  fine  of  not  less  than  five  dollars  for  every  such  escape 
or  attempt  to  escape. 


I$0  ORDINANCES. 

CHAPTER  LIII. 

STREETS  AND  ALLEYS. 

An  Ordinance  in  relation  to  the  Grades  of  Streets  and  Al- 
leys : 


1.  Council  may  establish  grade,  when.  To 
conform  as  nearly  as  possible  to  grade  of 
connecting  streets  and  alleys. 

a.  Council  may  alter  existing  grades. 

3  When  grade  is  changed  so  as  to  injure 
or  diminish  the  value  of  any  property,  own- 
er may  be  paid  damages. 

4.  How  the  amount  of  such  claims  shall  be 
ascertained,  and  duty  of  Commissioners  ap- 
pointed by  Council. 

5.  Notice  of  time  and  place  of  meeting 
for  viewing  the  premises  to  be  given  by 
publication. 

6.  Commissioners  to  examine  premises, 
and  may  take  testimony;  may  administer 


7.  Amount  of  damages  agreed  on  by  Com" 
missioners  to  be  presented  to  Council  with- 
in thirty  days.  Council  may  confirm  or  an- 
nul the  appraisement.  Action  to  be  entered 
on    the  journaL     Proceedings  void,   when 

8.  Appeal ;  how  taken. 

9.  New  Commissioners  to  be  appointed 
when  appraisement  is  annulled. 

10.  Council  may  remove  Commissioners. 

11.  Council  to  pay  all  costs  incurred  pre- 
vious to  action  on  the  appraisement. 

12.  Compensation  of  Commissioners. 

13.  Claims  for  damages  for  change  of  grade 
maybe  settled  by  the  Council.  Member  of 
Council  not  permitted  to  vote,  when  he  is  a 


oaths.  I    party  in  interest. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine: 

Section  i.'  That  where  any  street,  alley  or  other  public  high- 
way, or  part  of  such  street,  alley  or  highway  has  had  no  grade 
established  for  it,  the  Council  shall  have  power  to  establish 
such  grade.  In  establishing  such  grade,  the  Council  shall 
take  care  that  it  is  made  to  conform,  as  nearly  as  may  be,  to 
the  grade  of  the  street,  alley,  or  highway  of  which  it  may  form 
a  part,  and  to  the  grades  of  all  connecting  and  intersecting 
streets,  alleys,  or  highways. 

Sec.  2.  The  Council  shall  have  power,  when  they  may 
deem  it  expedient  to  alter  the  grade  of  any  street  or  alley  in 
the  City,  but  no  such  change  of  grade  shall  be  made,  except 
by  the  concurrent  vote  of  two-thirds  of  the  members  of  the 
Council. 

Sec.  3.  That  when  buildings  have  been  erected,  or  other 
improvements,  made  on  any  street,  or  alley,  in  accordance 
with  the  then  established  grade  for  such  street,  or  alley,  and 
such  grade  is  subsequently  altered  in  such  manner  as  to  injure 
or  diminish  the  value  of  said  property,  it  shall  be  the  duty  of 
the  City  to  pay  to  the  owner  of  said  property,  the  amount  of 
damage  or  injury  he  has  sustained  by  reason  of  such  change 
of  grade. 

Sec.  4.  In  all  cases  where  damages  are  claimed  for  injury 
to  property,  caused  by  change  of  grade,  it  shall  be  the  duty 
of  the  City  Council  to  appoint  three  free-holders,  who  are  not 
interested  in  any  like  claim,  as  Commissioners  to  ascertain 
the  amount  of  damages,  and  assess  the  same  against  the  City. 
Before  entering  upon  their  duties,  the  Commissioners  so  ap- 


STREETS   AND   ALLEYS.  15I 

pointed  shall  take  an  oath  or  affirmation  to  discharge  the 
duties  imposed  upon  them  faithfully  and  impartially,  and  to 
the  best  of  their  ability.  The  Commissioners  so  appointed 
may  assess  any  number  of  lots  in  the  same  locality,  upon 
which  damages  are  claimed,  for  injuries  resulting  from  the 
same  change  of  grade. 

Sec.  5.  Before  the  said  Commissioner^  shall  undertake  to 
make  any  assessment  of  damages,  the  City  shall  cause  a  notice 
to  be  published  in  some  newspaper  of  said  City,  for  the  space 
of  three  weeks.  Such  notice  shall  describe  the  lot  or  lots, 
which  it  is  claimed  have  been  damaged  by  reason  of  the  change 
of  grade,  and  the  time  and  place  of  meeting  for  the  purpose 
of  viewing  the  premises,  and  shall  be  signed  by  the  Commis- 
sioners. 

Sec.  6.  The  said  Commissioners  shall  meet  at  the  time  and 
place  named  in  said  notice,  and  shall  proceed  to  examine  the 
premises  in  respect  to  which  damages  are  claimed.  They 
may,  if  they  see  proper,  hear  testimony  touching  the  value  of 
said  property,  and  the  extent  of  its  damages,  and  to  that  end 
any  one  of  said  Commissioners  shall  have  power  to  administer 
oaths  to  the  witnesses  whose  testimony  they  decide  to  hear. 
Where  witnesses  are  introduced  and  sworn  on  one  side,  the 
other  side  shall  have  the  right  of  cross-examination,  and  shall 
also  have^  the  right  to  introduce  opposing  testimony.  The 
Commissioners  may  adjourn  from  day  to  day  until  the  exami- 
nation is  completed. 

Sec.  7.  When  the  Commissioners  shall  have  agreed  upon 
the  amount  of  damages  sustained  by  the  different  property 
owners,  if  there  be  more  than  one  whose  claim  has  been 
submitted  to  and  passed  upon  by  them,  they  shall  make  out  and 
sign  their  appraisement,  and  return  the  same  to  the  Council. 
Such  return  must  be  made  within  thirty  days  of  their  ap- 
pointment. The  City  Council  shall  have  power  to  confirm 
the  appraisement  so  returned  to  them,  or  annul  it.  If  two  or 
more  lots  are  embraced  in  the  return  of  the  Commissioners, 
they  may  confirm  the  appraisement  made  in  regard  to  one 
or  more  of  such  lots,  and  annul  the  appraisement  in  regard 
to  the  others.  Where  an  appraisement  is  confirmed,  an  or- 
der of  confirmation  shall  be  duly  entered  in  the  journal  of 
proceedings.  If  any  appraisement  is  annulled,  such  order  of 
annulment  must,  in  like  manner,  be  entered  on  the  journal, 
and  where  any  appraisement  made  by  the  said  Commission- 
ers is  annulled,  all  the  proceedings  in  relation  to  such  ap- 
praisement shall  be  void. 

Sec.  8.  Any  person  interested  in  the  property,  the  appraise- 
ment of  which  is  confirmed  by  the  Council,  may,  if  dissatisfied 


152  ORDINANCES. 

with  said  appraisement,  appeal  to  the  Circuit  or  District 
Court,  from  the  order  confirming  such  appraisement.  Such 
appeal  shall  be  effected  by  serving  notice  thereof  on  the  Mayor 
at  any  time  before  the  expiration  of  twenty  days  after  enter- 
ing the  order  of  confirmation. 

Sec.  9.  When  any  appraisement  is  annulled  by  the  Council, 
the  Council  shall  at  once  appoint  three  new  Commissioners, 
and  the  course  of  proceedings  shall  be  the  same  as  though  no 
previous  appointment  of  Commissioners  had  been  made. 

Sec.  10.  The  Council  shall  have  power  to  remove  any  of  the 
said  Commissioners,  and  to  appoint  others  in  the  place  of  such 
as  may  be  removed,  or  may  refuse,  neglect,  or  be  unable  from 
any  cause,  to  serve. 

Sec.  II.  The  City  shall,  in  all  cases  pay  the  costs  of  all  pro- 
ceedings, which  have  been  incurred  previous  to  the  order  of 
the  Council  confirming  or  annulling  any  appraisement. 

Sec.  12.  The  Commissioners  shall  receive  such  compensa- 
tion for  their  services  as  shall  be  just  and  reasonable  in  view 
of  the  nature  of  their  labor  and  the  time  expended. 

Sec.  13.  All  claims  for  damages  for  change  of  grade  must 
be  first  presented  to  the  Council,  and  the  Council  may,  if,  in 
their  judgment  the  claim  is  just,  and  the  amount  reasonable, 
settle  the  same  with  the  owner,  without  referring  it  to  the 
Commissioners.  If,  however,  the  claim  so  settled  by  the 
Council  be  made  by  a  member  of  the  Council  in  his  own  be- 
half, or  in  behalf  of  his  wife,  or  his  child,  or  children,  such 
member  shall  not  be  permitted  to  vote  either  on  the  question 
or  settling  the  same  by  the  Council,  or  on  any  order  for  con- 
firming or  annulling  the  appraisement  made  by  the  Commis- 
sioners. 


CHAPTER  LIV. 

STREETS  AND  ALLEYS. 

An  Ordinance  declaring  Certain  Ground  a  Public  Street  : 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  part  of  lot  nineteen,  (19,)  Section  thir- 
ty-four, (34),  of  Township  seventy-seven,  {J7^,  Range  two, 
(2,)  west,  as  laid  down  in  the  plat  of  the  Butlerville  addition 
to  the  City  of  Muscatine  and  bounded  as  follows  :  Beginning 
at  a  point  on  the  western  boundary  of  said  lot  nineteen,  (19,) 
where  it  strikes  the  north  boundary  line  of  Starr  street;  thence 
in  a  due  easterly  course  to  the  eastern  boundary  line  of  said 
lot    nineteen,   (19)  ;    thence  south  on    said    line,  fifty    feet  ; 


STREETS   AND   ALLEYS.  I  53 

thence  due  westerly  across  said  street  to  the  place  of  begin- 
ning, (being  the  land  conveyed  to  the  City  of  Muscatine,  by 
George  Kremer  and  Louisa  Kremer,  by  their  deed,  executed 
March  i8th,  1873),  be,  and  the  same  is  hereby  declared  to  be 
a  public  street,  and  shall  be  known  as  the  eastern  extension 
of  Starr  street. 


CHAPTER  LV. 

STREETS  AND  ALLEYS. 

An  Ordinance  vacating  part  of  Green  Street. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine: 

Section  i.  That  so  much  of  Green  street  in  said  City, 
viz  :  Beginning  at  a  stake  north  sixty-nine  degrees,  west  one 
and  forty-hundredths  chains  from  the  north-east  corner  ot 
out-lot  number  twenty,  in  sub-division  of  west  half  of  north- 
west quarter  of  section  number  two,  (2),  Township  seven- 
ty-six, (76),  range  two,  (2),  west ;  thence  north  sixty-nine  (69J 
degrees,  west  one  and  three-hundredths  (1.03)  chains,  to  a 
stake;  thence  south  three  (3)  degrees,  east  nine  and  thirty 
hundredths  (9.30)  chains  to  a  stake  ;  thence  north  twelve  (12) 
degrees,  east  nine  and  five  hundredths  (9.05)  chains  to  the 
place  of  beginning,  being  that  part  of  said  street  conveyed  by 
the  City  to  the  German  American  Roman  Catholic  Beneficial 
Association,  by  deed  bearing  date,  October  lOth,  1874,  be,  and 
the  same  is  hereby  vacated,  and  shall  henceforth  cease  to  be  a 
part  of  Green  street,  and  instead  thereof,  that  the  following 
described  tract  of  land,  to-wit :  *'  Beginning  at  a  stake  north 
sixty-nine  (69)  degrees,  west  two  and  forty-three  hundredths 
(243)  chains  from  north-east  corner  of  out-lot  number  twen- 
ty, (20),  in  sub-division  of  the  west  half  of  north-west  quarter 
of  section  two,  ('2),  township  seventy-six,  (76),  range  two,  (2), 
west  ;  thence  north  sixty-nine  (69)  degrees,  west  one  chain  to 
a  stake  ;  thence  south  three  (3)  degrees,  west  nine  and  forty- 
five  hundredths  (9.45)  chains  to  a  stake  ;  thence  north  twelve 
(12)  degrees,  east  nine  and  twenty-eight  hundredths  (9.28) 
chains  to  place  of  beginning,  being  that  parcel,  or  tract,  of 
land,  conveyed  by  the  German  American  Roman  Catholic 
Beneficial  Association  to  the  City  of  Muscatine,  by  deed  bearing 
date  October  loth,  1874,  be.  and  the  same  is  hereby  declared 
to  be  a  public  highway,  as  constituting  a  part  of  said  Green 
street,  for  all  the  uses  and  purposes  of  the  same. 


154  ORDINANCES. 

CHAPTER  LVI. 

STREETS  AND  ALLEYS. 

An  Ordinance  vacating  part    of  River    Road    in    Smalley's 
sub-division  and  extending  Union  Row. 

1.  Part  of  road  in  A.    Smalley's   sub-divi-    |       2.  Union  Row  extended. 
Bion  vacated.  I 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  so  much  of  the  river  road,  or  street  along 
the  river  as  lies  between  Hanover  street,  in  South  Muscatine, 
and  a  street  marked  "A,"  in  the  sub-division  of  Abraham 
Smalley,  adjoining  South  Muscatine,  be  vacated. 

Sec.  2.  That  Union  Row  be  extended  parallel  with  the  line 
of  the  railroad,  through  the  land  and  lots  owned  by  Richard 
Musser  and  Peter  Musser,  in  South  Muscatine,  along  the  al- 
ley in  block  eight,  to  a  point  where  a  continuation  of  Second 
street  of  Smalley's  sub-division  would  intersect  Union  Row, 
thus  extended,  (between  lots  one  and  ten,  in  block  eight,)  and 
from  thence  to  the  north  end  of  said  Second  street  of  Smal- 
ley's sub-division. 


CHAPTER  LVn. 

STREETS  AND  ALLEYS. 

An  Ordinance  accepting  the  Survey  of  South  Muscatine  : 

1.  City  Council  accepts  survey  of  South    |    out  incurring  liabilities. 
Muscatine  and  reserves  right  to  establish  2.  Proprietors  to  file  acceptance  ol  provi- 

grades  of  streets  and  alleys  therein,  with-   |    sions  of  ordinance  within  thirty  days. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  whereas,  Abraham  Smalley,  Joseph  A. 
Green,  George  C.  Stone  and  Jacob  Butler,  have  laid  out  a  part 
of  sections  two  and  three,  in  township  76,  N.  R.  2  W.,  in  the 
County  of  Muscatine,  and  within  the  limits  of  the  City  of 
Muscatine,  into  lots,  and  streets,  and  alleys,  and  called  the 
same,  for  convenience  of  description.  South  Muscatine,  (as 
shown  in  the  map,  or  plat,  acknowledged  by  them,  and  which 
map  is  to  be  recorded  by  them  among  the  records  of  Musca- 
tine County,  and  a  copy  thereof  furnished  to  the  City  of  Mus- 
catine to  be  kept  in  the  Mayor's  office,)  and  propose  dedicat- 
ing said  streets  and  alleys  to  the  purposes  indicated  by  said 
map.  Now  in  consideration  of  the  dedication  of  said  streets 
and  alleys  as  aforesaid,  without  charge  to  the  city  of  Musca- 
tine, the  said  City,  represented  by  the   City  Council,   hereby 


TAXES. 


155 


accepts  the  survey  of  said  lands,  and  the  location  of  said 
streets  and  alleys  as  shown  by  said  map,  and  recognizes  it  as 
a  part  of  the  City  of  Muscatine,  in  as  full  and  ample  a  manner 
as  though  said  streets  and  alleys  had  been  laid  out  under  the 
direction  and  by  the  authority  of  the  City  Council,  hereby  re- 
serving to  itself  the  right  to  establish  the  grades  of  the  streets 
and  alleys  in  South  Muscatine  at  its  earliest  convenience,  and 
it  being  expressly  understood  that  said  City  shall  not  be  lia- 
ble to  any  person,  or  persons,  whomsoever,  for  any  damages 
which  may  be  suffered  by  the  establishment  of  said  grades. 

Sec.  2.  The  proprietors  of  said  land,  laid  out  as  aforesaid, 
shall  signify  their  acceptance  of  the  provisions  of  this  ordi- 
nance in  writing,  within  thirty  days  after  the  passage  thereof, 
said  acceptance  to  be  filed  in  the  Mayor's  office  and  recorded 
among  the  records  of  the  City. 


chaptp:r  lviii. 


TAXEy. 


An  Ordinance  for  the  eolleetion    of  General  and   Special* 
Taxes  : 


1.  Coimty  Collector  to  collect  taxes  levied 
by  City.  What  are  general  taxes;  what 
special. 

2.  Assessment  roll  to  be  certified  to  Coun- 
ty Auditor,  with  per  cent,  of  tax  levied. 
Special  taxes  to  be  included. 

3.  Auditoi  to  place  the  same  on  the  hooks 
of  the  County.  When  special  tax  is  levied 
shall  be  put  separate  ;  must  deliver  to  City 
Collector. 

4.  Collector  to  jrive  thirty  days'  notice  of 
general  taxes  levied  and  rate  of  levy;  how. 
Persons  aj^grieved  may  have  carreetiou 
made. 

5.  When  taxes  become  due  and  payable. 
When  they  shall  become  delinquent. 

6.  Specific  assessments  shall  be  a  special 
tax,  when;  when  delinquent.  If  not  paid 
when  general  tuxes  become  delinquent  shall 
bear  same  rate  of  interest.    Provided. 

7.  General  taxes  when  delinquent  shall 
become  a  lien.  Tax  on  personal  property 
unpaid  shall   become  a  lien  on   real   estate. 

8.  Tax  may  be  collected  by  distress  and 
sale;  penalty  when  not  paid  by  1st  of  March; 
amount  of.  Not  to  apply  to  any  taxes  lev- 
ied by  Court  to  pay  judgment  on  City  in- 
debtedness. 

9.  After  publication  taxes  may  be  collect- 
ed in  same  manner  as  arc  State  and  County 


taxes.    When    taxes  are  paid,  collector  tc 
make  entry  and  give  receipt. 

10  If  not  paid  by  1st  Monday  in  October, 
Collector  may  sell  property  on  which  such-- 
taxes  are  liens-  Sale  to  include,  what. 
Least  quantity  of  property  to  be  sold  as  will 
pay  taxes  thereon ;  when  part  sold  how  di- 
vided. Purchase  money  to  be  paid  immedi- 
ately, or  lot  may  be  resold.  May  continue 
sal'^. 

11.  Cost  of  advertising  property  for  delin- 
quent taxes. 

12.  Notice  to  be  given  by  publication. 
What  it  shall  contain. 

13.  Irregularity  of  notice  not  to  aflfect  the 
sale,  if  property  was  subject  to  such  taxa- 
tion. Advertisement  is  notice  to  person 
having  any  interest  in  such  property.  Per- 
sonal demand  not  necessary, 

U.  Collector  to  keep  record  of  all  sales 
made  by  him  for  delinquent  taxes  and  re- 
port to  Council. 

15.  After  tax  list  is  placed  in  his  hands, 
Collector  must  assess  any  property  omitted: 
in  the  rolls.  City  assessor  to  assist  him. 
Shall  report  to  Council. 

16.  Real  estate  may  be  redeemed  within 
three  years.  Persons  desiring  to  redeem  must 
pay.  Penalty  not  to  attach  to  subsequent 
years  unless  taxes  have  become  delinquent. 


156 


ORDINANCES. 


17.  Certificate  of  redemption  to  be  issued 
to  person  redeeming,  as  provided  by  Code, 
and  to  be  entered  in  gale  book. 

18.  Redemption  money  to  be  held  subject 
to  order  of  purciiasor,  and  paid  to  him  on 
surrender  of  certificate  of  purchase.  When 
certificate  is  lost. 

19.  When  the  property  of  a  lunatic  or  mi- 
nor sold  for  taxes  may  be  redeemed,  and  by 
whom. 

20.  Persons  desiring  to  redeem  after  de- 
livery of  deed  shall  bring  an  action  in 
Court  of  Record.  Who  made  defendants. 
Court  to  determine  interest  of  parties. 
Property  not  allowed  to  be  redeemed  in  any 
other  manner,  after  the  serving  of  notice  re- 
quired by  Sec.  894,  of  Code,  and  delivery  of 
deed. 

21.  Holder  of  any  certificate  of  purchase 
may.  at  the  expiration  of  two  years  and  nine 
months,  give  notice  as  provided  by  Code. 
Provisions  therein  to  be   strictly  followed, 


except.  Deed  not  to  be  de'ivered  until  re- 
quirements are  complied  with.  Cost  to  be 
added  to  redemption  money. 

2*2.  Deed  to  be  granted  for  the  portion  of 
property  sold,  not  redeemed.  More  than 
one  parcel  may  be  included  in  a  single  deed. 
Such  deed  shall  recite  ;  executed  by  collec- 
tor. Sec.  898  of  the  Code  to  apply  so  far  as 
applicable. 

23.  Such  deeds  and  conveyances  to  have 
same  effect  as  deeds  made  by  County  Treas- 
urer, and  owners  to  have  rights  and  reme- 
dies as  prescribed  in  the  Code. 

24.  Taxes  may  be  collected  by  distress 
and  sale  of  personal  property. 

2.5.  When  goods  are  distrained  for  taxes 
and  owner  refuses  to  give  bond  for  delivery 
of  same  on  day  of  sale,  they  may  be  kept  at 
expense  of  such  owner,  and  notice  of  sale 
given  within  five  days  of  such  taking,  in  same 
manner  as  is  required  of  Constables.  Time 
of  sales.    May  adjourn.    Fees.    Surplus. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  the  Collector  of  State  and  County  taxes 
for  the  County  of  Muscatine,  shall  be  the  Collector  of  taxes, 
both  general  and  special,  assessed  and  levied  by  the  city  of 
Muscatine.  All  taxes  levied  by  the  City  Council,  the  basis  of 
which  is  a  certain  per  centage  on  the  assessed  value  of  taxa- 
ble property  within  the  City,  together  with  the  poll  tax,  are, 
for  the  purposes  of  this  ordinance,  declared  to  be  general  tax- 
es. All  taxes  levied,  by  special  assessment,  on  certain  speci- 
fied pieces  of  property,  for  work  done  by  or  under  any  con- 
tract with  the  City,  and  which  it  was  the  duty  of  the  owner  to 
have  done,  are  hereby  declared  to  be  special  taxes. 

Sec.  2.  That  the  Council  shall  cause  to  be  certified  to  the 
Auditor  of  said  Muscatine  County,  on,  or  before  the  first 
Monday  of  September,  in  each  year,  the  assessment  roll  of 
said  City,  for  said  year,  together  with  the  per  centage  of  tax, 
or  number  of  mills  on  the  dollar,  levied  by  them  on  the  taxa- 
ble property  within  said  City,  as  shown  by  said  assessment 
roll.  That  said  Council  shall  also  include,  in  said  assessment 
roll,  all  special  taxes  levied  by  said  City  against  any  lot,  or 
other  piece  of  ground,  designating,  in  concise  language,  the 
purpose  for  which  such  special  tax  has  been  levied,  and  the 
date  from,  and  rate  of  interest,  at  which  interest  is  to  be  com- 
puted on  said  special  tax,  until  the  general  taxes  shall  have 
become  delinquent. 

Sec.  3.  On  the  receipt  of  these  documents,  by  the  Auditor, 
he  shall  place  the  same  on  the  tax  books  of  the  County,  in  the 


TAXES.  157 

same  manner  as  County  taxes  are  placed  thereon  ;  and  when- 
ever a  special  tax  has  been  levied  against  any  lots  or  other 
piece  of  ground,  he  shall  place  the  amount  of  such  special  tax 
in  a  column  opposite  said  lot  or  parcel  of  ground,  together 
with  the  date  from,  and  rate  at  which  interest  is  to  be  com- 
puted, and,  when  the  same  is  completed  it  shall  be  delivered 
to  the  City  Collector. 

Sec.  4.  Immediately  after  the  tax  list  is  delivered  to  the 
Collector,  and  before  proceeding  to  collect  the  general  taxes 
therein,  the  Collector  shall  give  thirty  days'  notice  of  the 
assessment  and  levy  of  the  tax,  describing  in  such  notice,  the 
various  purposes  for  which  the  general  taxes  were  levied  and 
the  rates  thereof.  Such  notice  shall  be  by  publication,  in 
some  newspaper  printed  in  the  City.  During  the  said  thirty 
days  any  person  aggrieved  by  his  assessment,  or  taxation, 
may  appear  before  the  Council,  and  have  the  same  corrected, 
if  found  erroneous. 

Sec.  5.  All  general  taxes  (as  the  same  are  herein  defined) 
levied  by  the  City  Council  shall  become  due  and  payable  on 
the  first  day  of  November,  in  each  year,  and  if  the  same  are 
not  paid  by  the  first  day  of  February  following,  or  during  the 
month  of  February,  they  shall  become  delinquent  and  bear 
the  penalties  hereinafter  provided. 

Sec.  6.  In  all  cases  where  any  lot,  or  parcel  of  ground  is 
chargeable  with  any  specific  assessment,  for  work  done,  or  ex- 
penditures incurred  by  the  City,  in  respect  to  such  lot  or 
parcel  of  ground,  such  assessment  shall  be  made  and  levied  as 
a  special  tax  on  such  lot,  or  parcel  of  ground,  and  if  the  same 
is  not  paid  within  thirty  days  after  the  City  has  done,  or 
caused  to  be  done,  the  work  out  of  which  such  assessment  has 
arisen,  the  same  shall  then  become  delinquent,  and  bear  inter- 
est at  the  rate  often  per  cent,  per  annum,  from  the  time  such 
work  was  completed,  and  shall  be  placed  on  the  tax  list  for 
collection.  If  such  special  tax  is  not  paid  by  the  time  the 
general  taxes  become  delinquent,  as  herein  provided,  such 
special  tax  shall,  from  that  time,  bear  the  same  rate  of  inter- 
est prescribed  for  delinquent  general  taxes,  in  Section  No.  7, 
of  this  ordinance.  Provided^  that  nothing  contained  herein 
shall  prevent  the  said  City  from  instituting  a  civil  action  for 
the  collection  of  any  special  tax,  in  the  manner  authorized  by 
Sections  478  and  479  of  the  Code  of  Iowa. 

Sec.  7.  On  the  first  day  of  February,  the  unpaid  general 
taxes  (as  the  same  are  herein  defined)  for  the  preceding  year, 
shall  become  delinquent,  and  shall  bear  interest  as  hereinafter 
provided;  and  taxes  upon  real  property  shall  be  a  lien  thereon, 
against  all  persons  whomsoever,  except  the  United  States,  and 


158  ORDINANCES. 

the  State  of  Iowa,  and  taxes  due  from  any  person  upon  per- 
sonal property,  shall  be  a  lien  upon  any  real  property  owned 
by  such  person,  or  to  which  he  may  acquire  a  title. 

Sec.  8.  The  Collector  shall  continne  to  collect  taxes  after 
they  shall  have  become  delinquent,  until  collected  by  dis- 
tress and  sale  ;  but  if  they  are  not  paid  before  the  first  day  of 
March  he  shall  collect,  in  addition  to  the  tax  of  such  tax  pay- 
er, so  delinquent,  as  a  penalty  for  non-payment,  at  the  rate  of 
one  per  cent,  a  month  for  the  first  three  months,  and  at  the 
rate  of  twenty-five  per  cent,  per  annum  thereafter.  But  the 
penalty  provided  by  this  section  shall  not  be  construed  to  ap- 
ply, and  shall  not  apply,  upon  taxes  levied  by  order  of  any 
court  to  pay  judgment  on  City  bonded  indebtednes  ;  and, 
upon  such  taxes,  no  other  penalty,  further  than  the  interest 
which  such  judgment  draws,  shall  be  collected. 

Sec.  q.  After  having  made  the  publication,  required  by 
Section  4,  hereof,  the  Collector  shall  proceed  to  collect  the 
general  taxes,  in  the  same  manner  that  State  and  County  tax- 
es are  collected,  and  also  all  special  taxes.  Whenever  any 
tax  is  paid  to  the  Collector,  he  shall  make  the  entry  of  such 
payment,  on  the  tax  book,  in  the  same  manner  that  entries 
are  made  for  the  payment  of  State  and  County  taxes  ;  and 
shall  deliver  to  the  tax  payer  a  receipt  for  the  taxes  so  paid, 
stating  therein  the  date  of  such  payment,  the  description  of 
the  land,  or  property,  on  which  such  taxes  were  paid,  and  the 
amount  of  each  kind  of  tax  and  costs.  If  there  be  other 
taxes  due  the  City,  by  such  tax  payer,  for  any  past  year,  or 
years,  such  other  taxes,  may,  if  then  paid,  be  included  in  the 
same  receipt. 

Sec.  to.  If  the  taxes,  general  and  special,  or  either,  are  not 
collected  by  the  first  Monday  in  October,  in  each  year,  it  shall 
be  the  duty  of  the  Collector  to  offer  at  public  sale,  at  his  of- 
fice, all  lots,  or  other  parcels  of  ground,  upon  which  the  said 
taxes,  general  and  special,  are  liens.  In  all  sales  for  such  tax- 
es, or  for  any  delinquent  taxes  due  the  city,  (if  there  be  other 
delinquent  taxes  due  by  the  same  person,  or  which  are  a  lien 
on  the  same  property,  the  same  shall  be  included  in  such  salej, 
the  property  shall  be  sold  for  the  total  amount  of  taxes,  in- 
terest and  costs,  due  and  unpaid,  on  such  real  property.  The 
sale  shall  be  for  the  least  quantity  of  the  lot  or  parcel  of 
ground  for  which  any  person  will  pay  the  taxes  and  all 
the  costs  thereon;  or,  it  may  be  for  the  whole,  if  a  bid  cannot 
be  obtained  for  a  less  quantity.  Where,  at  such  sale,  any 
quantity  less  than  the  whole  of  such  lot,  or  parcel  of  ground 
is  sold,  the  part  so  sold  shall  be  taken  from  the  east  side  of 
such  lot,  or  parcel  of  ground,  dividing  it  lengthwise,  by  a  line 


TAXES.  159 

parallel  with  the  proper  line  of  such  lot,  or  of  the  Congres- 
sional sub-division  of  which  any  parcel  of  ground,  not  divided 
into  lots,  originally  formed  part.  The  purchaser  shall  imme- 
diately pay  to  the  Collector  the  amount  due,  and  in  case  of  a 
failure  so  to  do,  the  lot,  or  parcel  of  land,  shall  again  be  offered 
for  sale.  The  Collector  shall  continue  the  sale  from  day  to 
day,  as  long  as  there  are  bidders,  or  until  the  taxes  are  paid. 
Sec.  1 1.  The  cost  of  advertising  sales,  for  delinquent  City 
taxes,  shall  be  no  greater  than  the  cost  for  advertising  sales 
of  similar  property  for  delinquent  State  and  County  taxes. 

Sec.  12.  Before  offering  any  real  property  at  tax  sale  it 
shall  be  the  duty  of  the  Collector  to  give  thirty  days  notice 
thereof,  by  advertisement  in  some  newspaper  of  general  cir- 
culation, printed  and  published  in  the  City  of  Muscatine.  In 
such  advertisement  it  will  be  sufficient  to  state  the  descrip- 
tion of  the  lot,  or  parcel  of  real  estate  to  be  sold,  together 
with  the  amount  of  taxes  delinquent  and  unpaid  thereon. 
If  such  delinquent  taxes  embrace  taxes  of  previous  years,  as 
well  as  those  of  the  current  year,  it  shall  not  be  necessary  to 
name  such  previous  years,  but  it  will  be  sufficient  if  the  total 
amount  of  taxes,  with  interest  and  costs,  against  such  lot,  or 
parcel  of  ground,  is  given,  including  therein  any  unpaid 
special  tax  or  taxes  that  may  have  been  assessed  and  levied 
against  such  lot  or  parcel  of  ground,  with  the  interest  and 
costs  that  will  have  accrued  thereon,  at  the  time  fixed  for  such 
sale. 

Sec.  13.  No  irregularity  or  informality  in  the  advertise- 
ment of  such  real  property  for  delinquent  taxes  shall  affect 
the  validity  of  any  sale,  or  the  title  to  any  property  conveyed 
by  virtue  of  such  sale,  if  it  shall  appear  that  such  property 
was  subject  to  taxation  for  the  year,  or  years,  for  which  the 
same  was  sold,  and  that  the  tax  was  due  and  unpaid  at  the 
time  of  sale,  or,  if  sold  for  a  special  tax,  that  the  property  was 
subject  to  such  special  tax,  and  that  such  special  tax  had 
been  placed  on  the  tax  list  for  collection,  and  was  unpaid.  In 
all  cases  the  advertisement  shall  be  sufficient  notice  to  the 
owner,  and  all  persons  having  any  interest  in,  or  claiming 
any  title  to  any  lot,  or  parcel  of  real  estate,  of  the  sale  of  such 
property  for  delinquent  taxes  ;  and  the  failure  of  the  Collector 
to  make  a  personal  demand  shall  not  affect  the  validity  of  any 
sale,  or  the  title  to  any  property  acquired  under  such  sale. 

Sec.  14.  It  shall  be  the  duty  of  the  Collector  to  keep  a  true 
record  of  all  sales  of  real  estate  made  by  him  for  delinquent 
City  taxes,  and  he  shall  make  a  full  report  thereof,  to  the 
Council,  on  or  before  the  first  day  of  January  of  each  year. 
Such  report   shall    describe    the   various  lots,    or   parcels   of 


l6o  ORDINANCES. 

ground  sold  by  him,  and  the  amount  of  taxes,  on  account  of 
the  non-payment  of  which  the  property  was  sold,  particular- 
izing the  various  kinds,  or  items,  of  tax  levied,  together  with 
the  costs,  including  therein  the  cost  of  advertising.  He  shall 
also  state  how  much,  and  what  part  of  each  lot  or  tract  of 
land  was  sold,  together  v/ith  the  date  of  sale,  and  the  name  of 
the  purchaser. 

Sec.  15.  After  the  tax  list  shall  have  come  into  the  hands 
of  the  Collector  he  is  authorized,  and  it  is  hereby  made  his 
duty,  to  assess  any  real  or  personal  property  subject  to  tax- 
ation which  may  come  to  his  knowledge,  and  which  may  have 
been  omitted  from  the  assessment  roll.  In  making  such  as- 
sessment the  Collector  shall  call  to  his  aid  the  City  Asses- 
sor. It  shall  be  his  duty  to  report  to  the  Council  all  such  as- 
sessments, describing  the  property,  and  naming  the  person 
assessed  therewith. 

Sec.  16.  Real  estate  sold  for  delinquent  City  taxes  may  be 
redeemed  at  any  time  within  three  years,  by  any  person 
authorized  to  redeem  the  same.  Such  redemption  shall  be  by 
payment  to  the  Collector  of  the  amount  for  which  the  real  es- 
tate was  sold  at  tax  sale,  with  a  penalty  of  twenty  per  cent, 
immediately  added,  and  ten  per  cent,  interest  on  the  whole 
amount  thus  made  from  the  day  of  sale,  and  also  the  amount 
of  all  taxes,  special,  as  well  as  general,  together  with  interest 
and  costs  paid  for  any  subsequent  year  or  years,  and  a  simi- 
lar penalty  of  twenty  per  cent,  added,  as  before,  -^n  the 
amount  of  the  payment  for  each  subsequent  year,  with  ten 
per  cent,  interest  per  annum  on  the  whole  of  such  amount,  or 
amounts,  from  the  day,  or  days,  of  payment  unless  such  sub- 
sequent taxes  shall  have  been  paid  by  the  person  for  whose 
benefit  the  redemption  is  made,  which  fact  may  be  shown  by 
the  Treasurer's  receipt  ;  and  provided  further,  such  penalty  for 
the  non-payment  of  taxes  for  any  such  subsequent  year  or 
years,  shall  not  attach  unless  such  subsequent  tax  or  taxes, 
shall  have  1  emained  unpaid  for  the  period  of  thirty  days  after 
they  become  due,  so  that  they  have  become  delinquent,  nor 
shall  any  of  said  penalties  apply  in  the  cases  mentioned  in 
the  last  clause  of  Section  8,  of  this  ordinance. 

Sec.  17.  The  Collector,  upon  the  application  of  any  person 
to  redeem  real  property,  sold  as  aforesaid,  and  being  satisfied 
that  such  person  has  a  right  to  redeem  the  same,  shall,  upon 
the  payment  of  the  proper  amount,  issue  to  such  person,  a 
certificate  of  redemption,  in  substance  and  form  as  provided 
in  Section  891  of  the  Code,  and  shall  make  the  proper  entry 
thereof  on  the  sale  book,  which  redemption  shall  thereupon 
be  deemed  complete  without  further  proceedings. 


I 


TAXES.  l6l 

Sec.  i8.  The  Collector  shall  hold  the  redemption  money 
subject  to  the  order  of  the  purchaser  at  tax  sale,  and  pay  the 
same  over  to  him  on  surrender  of  the  certificate  of  purchase, 
or  if  such  certificate  is  claimed  to  have  been  lost  or  destroyed, 
upon  satisfactory  proof  that  it  has  been  so  lost  or  destroyed, 
and  of  the  further  fact  that  it  was  not  assigned. 

Sec.  19.  If  the  real  property  of  any  minor  or  lunatic  is  sold 
for  taxes,  the  same  maybe  redeemed  at  any  time  within  one 
year  after  such  disability  shall  have  been  removed,  in  the  man- 
ner provided  in  the  next  section;  or  such  redemption  may  be 
made  by  the  guardian  or  legal  representatives  of  such  persons 
at  any  time  before  the  delivery  of  the  deed. 

Sec.  20.  Any  person  entitled  to  redeem  lands  sold  for  taxes 
after  the  delivery  of  the  deed,  shall  redeem  the  same  by  an 
equitable  action  in  a  court  of  record,  in  which  all  persons 
having  or  claiming  an  interest  in  the  lands  derived  from  the 
tax  sale,  as  shown  by  the  record,  shall  be  made  defendants, 
and  the  Court  shall  determine  the  rights,  claims  and  interest 
of  the  several  parties,  including  liens  for  taxes  and  claims  for 
improvements  made  on  the  land,  by  the  person  claiming  un- 
der the  tax  title.  And  no  person  shall  be  allowed  to  re- 
deem land  sold  for  taxes  in  any  other  manner,  after  service 
of  the  notice  required  by  Section  894  of  the  Code,  and  the  exe- 
cution and  delivery  of  the  deed. 

Sec.  21.  The  lawful  holder  of  any  certificate  of  purchase, 
may,  at  the  expiration  of  two  years  and  nine  months  from 
the  date  of  the  sale  of  the  land  for  taxes,  give  the  notice  re- 
quired by  Section  894  of  the  Code.  All  the  requirements  of 
said  Section  in  regard  to  the  contents  of  said  notice,  manner 
of  service,  time  of  service  and  proof  of  service, must  be  strictly 
followed  except  that  the  notice  herein  required  shall  state 
that  the  sale  was  made  for  taxes  due  the  City  of  Muscatme, 
and  that  such  sale  was  made  by  the  City  Collector.  No  deed 
shall  be  executed  and  delivered  to  the  holder  of  such  certifi- 
cate until  the  provisions  of  said  Section  894,  except  so  far  as 
the  same  is  herein  modified,  have  been  in  all  particulars  fully 
complied  with.  The  cost  of  serving  said  notice,  whether  per- 
sonally, or  by  publication,  together  with  the  costs  of  affidavit 
required  by  said  Section  894,  shall  be  added  to  the  redemp- 
tion money. 

Sec.  22.  When  the  holder  of  any  certificate  of  purchase  at 
tax  sale  shall  have  shown  himself  entitled  to  a  deed  for  the 
land  described  in  such  certificate,  or  for  any  part  thereof,  the 
Collector  shall  make  out  to  him  a  deed  for  such  lot  or  parcel 
of  land  remaining  unredeemed,  and  deliver  the  same  upon  the 
surrender  of  such  certificate.  Any  number  of  lots,  or  parcels 
21 


l62  ORDINANCES. 

of  real  estate,  bought  by  one  person,  maybe  included  in  a  sin- 
gle deed,  if  the  purchaser  so  require.  Such  deeds  shall  recite 
that  the  taxes,  on  account  of  the  non-payment  of  which  the 
lands  described  in  the  deeds  were  sold,  were  taxes  assessed 
and  levied  by  the  City  of  Muscatine,  and  that  said  taxes  re- 
mained due  and  unpaid  at  the  date  of  the  sale,  and  they  shall 
be  executed  and  acknowledged  by  the  Collector  in  his  capaci- 
ty as  City  Collector.  In  all  other  respects  and  so  far  as  ap- 
plicable, such  deeds  may  be  in  form  substantially  as  provided 
by  Section  896,  of  the  Code. 

Sec.  23.  All  deeds  and  conveyances  made  and  executed  on 
account  of  any  general  or  special  tax  sale>^,  shall  have  the 
same  power  and  effect  as  deeds  made  by  County  Treasurers 
for  delinquent  County  taxes,  and  the  purchaser,  as  well  as 
the  owner,  of  any  real  estate  sold  on  account  of  such  general 
or  special  delinquent  tax  shall  be  entitled  to  all  the  rights 
and  remedies  which  are  granted  and  prescribed  bv  the  Code 
in  Sections  897,  898.  899,  900,  901,  902,  903,  904  and  905 
thereof. 

Sec.  24.  After  the  taxes  shall  have  become  delinquent,  as 
herein  provided,  the  collector  is  directed  to  make  the  same 
by  distress  and  sale  of  personal  property,  subject  to  taxation, 
and  the  tax  list  alone  shall  be  sufficient  warrant  for  such  dis- 
tress. 

Sec.  25.  When  the  Collector  distrains  goods,  or  other  per- 
sonal property,  and  the  owner  shall  refuse  to  give  a  good  and 
sufficient  bond  for  the  delivery  of  such  goods,  or  other  person- 
al property,  on  the  day  of  sale,  the  Collector  may  keep  them 
at  the  expense  of  the  owner,  and  shall  give  notice  of  the  time 
and  place  of  their  sale,  within  five  days  after  their  taking,  in 
the  manner  Constables  are  required  to  give  notice  of  the  sale 
of  personal  property  under  execution.  The  time  of  such  sale 
shall  not  be  more  than  twenty  days  from  the  day  of  taking, 
but  he  may  adjourn  the  sale,  from  time  to  time,  not  exceed- 
ing five  days  in  all,  and  shall  adjourn  it  at  least  once  when 
there  are  no  bidders,  and  in  case  of  adjournment,  he  shall  put 
up  a  notice  thereof,  at  the  place  of  sale.  The  fees  for  such 
sale  shall  be  the  same  as  are  allowed  Constables  for  the  sale 
of  property  on  execution.  Any  surplus  remaining  above  the 
taxes,  cost  of  keeping,  and  fees  of  sale,  shall  be  returned  to 
the  owner,  and  the  Collector  shall,  on  demand,  render  an  ac- 
count, in  writing,  of  the  sale  and  charges. 


TAXES. 


163 


CHAPTER  LIX. 

TAXES, 

An  Ordinance  in  relation  to  Poll  Taxes. 


1.  Poll  tax  of  two  dollars  on  able  bodied 
male  inhabitants,  between  21  and  53  years. 
Firemen  exempt. 

2.  Poll  tax  may  be  paid  by  labor  on  the 
street?,  nnder  the  direction  and  authority 
of  the  Street  Commissioner. 

3.  When  Street  Commissioner  must  give- 
notice. 

4.  Street  Commissioner  to  give  certificate 
to  person  paying  poll  tax  by  labor  on  the 
street,  and  report  to  Council  by  September 
1st.  names  of  persons  to  whom  such  certifi- 
cates have  been   given.    Council   to    make 


entry  on  assessment  roll  ot  taxes  so  paid. 

5.  Unpaid  poll  taxes  to  be  certified  and  en- 
tered on  tax  list. 

6.  Poll  taxes  paid  in  money  to  be  part  of 
road  fund. 

7.  Delinquent  poll  taxes  may  be  collected 
by  civil  action.  Collector  to  report  names  of 
delinquents. 

8.  When  poll  tax  has  been  paid  by  laoor, 
but  not  marked  paid  on  tax  list,  Auditor 
may  make  correction, 

9  Duty  of  Collector  when  poll  taxes  are 
due. 


Beit  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  there  shall  be  assessed  and  levied,  a  poll 
tax  of  two  dollars,  on  every  able  bodied  male  inhabitant  of 
said  City,  between  the  ages  of  twenty-one  and  fifty  years,  for 
street  and  road  purposes,  except  such  firemen  as  are  exempted 
under  the  State  law,  or  ordinances  of  this  City. 

Sec.  2.  Any  person  liable  to  such  poll  tax  as  herein  pro- 
vided, may  pay  and  discharge  the  same  by  two  days'  labor  on 
the  streets,  alleys,  or  other  public  highways  of  the  City,  be- 
tween the  first  days  of  April  and  September  in  each  year,  and 
after  the  publication  of  the  notice  hereinafter  provided  for. 
Such  labor  may  be  performed  by  the  party  himself,  or  by 
any  substitute  offered  by  him  and  accepted  by  the  Street 
Commissioner,  and  must  be  performed  at  such  time  and  place, 
and  in  such  manner  as  the  Street  Commissioner  may  direct. 

Sec.  3.  The  Street  Commissioner  shall,  on,  or  before  the 
first  day  of  April  in  each  year,  or  as  soon  thereafter  as  may  be, 
give  notice  to  all  persons  desirous  of  paying  their  tax  by  per- 
forming labor  on  the  highways  of  said  City,  that  they  are  re- 
quired to  perform  the  same  at  such  place  or  places  as  he  may 
designate,  within  the  next  twenty  days  after  the  date  of  such 
notice,  and  that  in  default  thereof,  they  will  be  required  to 
pay  the  amount  of  such  poll  tax  in  money.  Such  notice 
shall  be  given  by  publication  in  some  newspaper  of  said  City, 
for  three  days,  and  shall  be  in  the  following,  or  equivalent 
form  ; 

''Street  Notice.  — Each  able-bodied  male  inhabitant  of  the 
"  City  of  Muscatine,  between  the  ages  of  twenty-one  and  fifty 
"  years,  is  notified,  that  he  is  required  within  twenty  days  to 
"report  himself  to  the  Street  Commissioner,  or  to  send  asatis- 
'*  factory  substitute  to  labor  on  the  streets,  alleys,  or  highways 


l64  ORDINANCES. 

*' of  said  City,  for  the  space  of  two  days,  at  such  place,  or 
*'  places  as  the  Street  Commissioner  may  designate;  otherwise 
*'  such  inhabitant  will  be  required  to  pay  the  sum  of  two  dol- 
*'  lars  to  the  Collector  of  City  taxes  as  a  poll  tax,  and  if  the 
"  same  is  not  paid  to  such  Collector  it  may  be  collected  by 
"suit. 

{Date  here.)  "  Street  Commissioner.  " 

No  other  notice  shall  be  necessary. 

Sec.  4.  The  Street  Commissioner  shall  in  all  cases  in 
in  which  such  poll  taxes  have  been  paid  by  work  and  labor 
done,  on  the  streets  or  other  highways  of  the  City,  deliver  to 
the  person  so  paying  said  poll  tax,  a  certificate  which  may  be 
in  the  following  form  : 

Office  of  thk  Stkkkt  Commissioneu.  1 
City  of  Muscatine.  J 

''  This  is  to  certify  that has  performed 

*'  two  days'  work  and  labor  on  the  public  highways  of  the  City 
"  of  Muscatine,  under  my  direction,  in  payment  of  his  poUtax 
"  for  the  year  18 — . 

"Witness  my  hand  this day  of A.  D.,  18 — . 

"Street  Commissioner." 

The  Street  Commissioner  shall  also  report  to  the  Council  on 
or  before  the  first  day  of  September,  of  each  year,  the  names 
of  all  persons  to  whom  such  certificates  have  been  issued,  and 
the  date  of  the  same.  The  Council  shall  thereupon  order  that 
all  poll  taxes  entered  upon  the  assessment  roll  against  the 
persons  to  whom  such  certificates  have  been  issued  be  marked 
"  Paid  by  work.  " 

Sec.  5.  All  poll  taxes  which  have  not  been  paid  by  work 
and  labor,  as  herein  specified,  by  the  first  day  of  September 
in  each  year,  shall  be  certified  up  with  the  assessment  roll  to 
the  County  Auditor,  to  be  entered  by  him  on  the  general  tax 
list,  and  shall  be  treated  as  general  taxes,  possessing  the  same 
liens  on  real  property,  belonging  to  the  person  against  whom 
they  were  assessed,  bearing  the  same  rate  of  interest,  and 
their  collection  may  be  enforced  in  the  same  manner. 

Sec.  6.  All  poll  taxes  collected  by  the  Collector  of  City 
taxes,  shall  be  placed  as  part  of  the  road  fund,  and  shall  be 
applied  to  street  and  road  purposes  only. 

Sec.  7.  The  City  Council  may,  in  any  case,  bring  a  civil  ac- 
tion for  the  recovery  of  any  poll  tax,  after  the  same  has  be- 
come delinquent,  against  any  male  inhabitant  of  said  City 
who  is  subject  to  said  tax,  and  against  whom  said  tax  has 
been  duly  assessed,  and  who  has  not  paid  the  same  by  per- 
forming work  on  the  streets,  in  the  manner  herein  provided, 
or  otherwise.     It  shall  be  the  duty  of  the  Collector,  whenever 


TAXES.  165 

required  by  the  Council,  to  report  to  it  the  names  of  the  per- 
sons who  have  failed  to  pay  the  poll  tax  with  which  they  have 
been  assessed.  He  shall  also  state  what  property,  if  any, 
such  persons  are  assessed  with. 

Sec.  8.  Any  person  against  whom  a  poll  tax  is  assessed, 
and  returned  in  the  tax  list  for  collection,  and  who  has  paid 
the  same  by  labor  done  on  the  streets,  shall  deliver  to  the 
Auditor,  the  certificate  given  to  him  by  the  Street  Commis- 
sioner, showing  the  performance  of  such  labor,  and  the  Audi- 
tor shall  thereupon  mark  the  said  poll  tax  paid,  on  the  tax 
list,  with  the  proper  explanation,  and  shall  report  the  same  to 
the  Council. 

Sec.  9.  It  shall  be  the  duty  of  the  Collector  of  City  taxes, 
after  the  tax  list  shall  have  come  into  his  hands  for  collection, 
to  notify  every  person  against  whom  there  is  no  other  tax 
assessed,  except  a  poll  tax,  that  such  tax  is  due,  and  if  the 
same  be  suffered  to  become  delinquent,  payment  thereof  will 
be  enforced  in  the  manner  provided  by  law.  Such  notice 
shall  state  the  amount  of  such  tax,  and  may  be  sent  by  mail. 
A  failure  to  receive  such  notice,  or  any  defect  therein,  shall  in 
no  manner  affect  the  enforcement,  or  prejudice  the  collection 
such  tax. 


CHAPTER  LX. 

TAXES. 

An  Ordniance  in  relation  to  the  Correction  of  Assessments: 

1.  Council  to  make  correction  and  equali-   !   committee.    When  report  must  be  made, 
y.atiou  in  assessments  as  siiall   be  jusit  and   j       H.  Council  mtxy  direct  Assessor  to  make 
I'quitable.  correction;    property    omitted    may  be   as* 


*2.  Correction  and  equalization  may  be 
made  by  Council,  or  referred  to  a  committee. 
Duty  of  committee,  and  Council  on  report  of 


sessed.    (Jorrection  made,  when. 
4»  Council  to  approve  and  levy  taxes. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine : 

Section  i.  Immediately  after  the  Assessor  shall  have  re- 
turned'to  the  Council,  the  assessment  made  by  him  for  the 
}'ear  then  ensuing,  it  shall  be  the  duty  of  the  Council  to  ex- 
amine the  same,  and,  if  necessary,  to  direct  such  correction 
and  equalization  to  be  made  in  such  assessment  as  shall  be 
just,  equitable  and  proper. 

Sec.  2.  The  Council  may,  if  it  sees  proper,  refer  the  assess- 
ment to  a  committee  for  examination  and  correction.  Such 
committee  shall  thereupon  proceed  to  make  a  careful  investi- 
gation of  the  assessment,  calling  to  their  aid  the  Assessor,  if 


l66  ORDINANCES. 

they  shall  deem  it  advisable  ;  and  if,  in  their  judgment,  the 
assessment  needs  correction  they  shall  report  to  the  Council 
such  corrections  as  will  tend  more  nearly  to  a  fair  and  equal 
distribution  of  the  burdens  of  taxation  among  the  tax  payers 
of  the  City.  Such  report  shall  be  made  on  or  before  the  third 
Saturday  in  July  following,  and  the  Council  shall  thereupon 
examine  the  assessment  and  the  corrections  made  therein,  if 
any,  by  said  committee  and  may  make  such  additional  cor- 
rections as  it  shall  deem  just,  necessary  and  proper. 

Sec.  3.  If  the  Council  decides  that  the  assessment  needs 
correction  and  equalization,  it  shall  direct  the  Assessor  to 
make  the  required  correction  and  equalization,  and  also  to 
add  to  it  any  taxable  property  which  he  may  have  omitted, 
which  may  be  assessed  at  its  ordinary  assessable  value.  Such 
correction  and  equalization  shall  be  made  on  or  before 
the  third  Saturday  in  August,  although  it  may  be  made  after- 
wards, but  not  later  than  the  last  day  of  August. 

Sec.  4.  When  the  Assessor  shall  have  made  the  proper  cor- 
rections and  equalization  of  the  assessment,  as  required  by  the 
Council,  the  Council  shall  approve  it,  and  shall  thereupon 
levy  the  proper  percentage  of  taxes  for  the  various  purposes 
for  which  it  is  required  to  levy  taxes.* 


CHAPTER  LXI. 

TREES. 

An  Ordinance  for  the  protection  ofShade  and  other  Trees. 

1.  Not  to  tie  animals  to  trees,   or  boxing, 
without  consent  of  owner. 

2.  Not  to  injure  or  destroy  trees,  or  boxing. 


3.  Provisions  of  ordinance  extend  to  what. 

4.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  That  no  person  shall  tie,  fasten,  or  hitch  any 
horse,  or  other  animal,  or  team,  of  any  description,  to  any  tree 
which  has  been,  or  may  hereafter  be  planted  on  any  street,  or 
avenue,  or  other  public  thoroughfare  of  the  City,  or  to  any 
boxing  placed  around  such  tree,  without  the  consent  of  the 
owner,  or  occupant  of  the  premises  immediately  adjoining. 

Sec.  2.  No  person  shall,  without  the  authority  of  the  own- 
er, destroy  or  injure  any  tree  so  planted,  or  pull  down,  cut,  or 
destroy  any  such  boxing,  or  other  protection,  without  like 
authority. 

♦Sections  839,  830  and  831  of  the  Code,  post  page  —  constitute  the  City  Council  of  any 
City  that  is  authorized  to  elect  an  assessor  for  State  and  County  purposes,  a  board  of  equal- 
ization for  City  purposes,  and  they  are  required  to  meet  as  such  on  the  first  Monday  of 
April,  of  each  year. 


WARDS.  !67 

Sec.  3.  The  provisions  of  this  ordinance  shall  extend  to  and 
timbrace  shade  and  ornamental  trees  planted  on  any  public 
grounds  of  the  City,  whether  set  out  by  private  individuals,  or 
by,  or  under  the  authority  of  the  City. 

Sec.  4.  Any  person  violating  the  provisions  of  this  ordi- 
nance shall  be  deemed  guilty  of  misdemeanor,  and,  on  convic- 
tion thereof,  may  be  fined  in  any  sum  not  exceeding  twenty 
dollars,  and  in  addition  thereto,  shall  be  liable  to  a  civil  action 
for  damages  at  the  siiit  of  the  party  injured. 


CHAPTER  LXII. 

WARDS. 

An  Ordinance  defining  and  establishing  the  Wards  of  the 
City. 

Be  it  ordained  by  the  City  Comicil  of  the  City  of  Muscatine: 

Section  i.  That  the  boundaries  of  the  several  wards  of  the 
City  shall  be  as  defined  in  the  act  entitled  "  An  Act  to  Incor- 
porate the  City  of  Muscatine,  "  approved  February  ist,  185 1, 
except  that  the  boundary  lines  described  as  the  middle  of 
Walnut  street,  shall  be  extended  to  a  point  where  they  would 
intersect  a  line  draw^n  east  and  west  through  the  center  of 
Sections  twenty-six  and  twenty-seven,  in  Township  seventy- 
seven,  Range  two  west  of  the  5th  Principal  Meridian,  so  that 
so  much  of  the  City  as  lies  south  and  west  of  the  line  in  the 
middle  of  Chestnut  street  extended  as  aforesaid,  shall  be  the 
first  ward.  So  much  of  the  City  as  lies  between  said  line  in  the 
middle  of  Chestnut  street,  extended  as  aforesaid,  and  a  similar 
line  in  the  middle  of  Walnut  street,  extended  as  aforesaid, 
shall  be  the  second  ward,  and  so  much  of  the  City  as  lies 
north  and  east  of  the  line  in  the  middle  of  Walnut  street,  ex- 
tended as  aforesaid,  shall  be  the  third  ward. 


l6S  ORDINANCES, 

CHAPTER   LXIir. 

WEIGHTS  AND  MEASURES, 

An  Ordinance  in  relation  to  Weights  and  Measures, 

1.  Weights  and  measures  to  be  regulated.    !   to  exhibit  for  inspection  or  intertering  witr» 
City  to  furnish  standard.  |   duties  of  inspector. 


2.  Inspector  to  be  appointed. 

3.  Inspector  to  keep  register  of  all  instru- 
ments inspected,  of  their  correctness  and 
the  names  of  owners.  To  report  to  Council 
the  names  of  all  persons  having  incorrect 
measures,  and  to  give  copy  of  register  to 
Recorder. 

4.  Must  examine  weights  and  measures  at 
Jeast  once  a  year,  to  stamp  correct  and  con- 
demn incorrect  measures,  and  to  require  the 
owner  to  correct  them.    Penalty  for  rel using 


5.  Inspector  must  examine  instrumentt*- 
where  they  are  used.  May  direct  where  they 
are  to  be  sent  for  repair  and  adjustment. 
Penalty. 

6.  Weights  and  measures  not  to  l>e  used 
until  examined. 

7.  Fees  of  Inspector. 

8.  Owner  to  pay  fees. 

9.  Can  charge  only  for  annual  inspection, 
except. 

10.  Complaints,  how  made. 


Be  it  oi^dained  by  the  City  Council  of  the  City  of  Muscatine  .' 

Section  i.  That  hereafter  there  shall  be  a  regulation  of 
weights  and  measures  within  the  City,  and  the  standard  adopt- 
ed by  the  State  of  Iowa  shall  be  the  test  by  which  they  shall 
be  determined.  The  City  Council,  at  the  expense  of  the  City, 
shall  procure  correct  and  approved  standards,  with  their 
necessary  sub-divisions,  for  the  purpose  of  testing  and  proving 
the  weights  and  measures  of  said  standard  used  in  the  City. 

Sec.  2.  The  City  Council  shall  annually,  on  the  first 
Wednesday  of  April,  or  at  some  regular  meeting  thereafter, 
appoint  some  competent  person  to  be  known  as  "  Inspector  of 
Weights  and  Measures,  "  who  shall  hold  his  office  for  the  term 
of  one  year  from  the  time  of  his  appointment,  and  until  his  suc- 
cessor is  appointed  and  qualified. 

Sec.  3.  It  shall  be  the  duty  of  said  inspector  to  make  and 
keep  a  regular  register  of  all  weights  and  measures,  scale 
beams,  and  steel-yards,  or  other  instruments  inspected  by  him, 
in  which  he  shall  state  the  names  of  the  owners  of  the  same, 
and  whether  they  are  conformable  to  the  standard  of  the 
State.  And  it  shall  also  be  his  duty  to  report  to  the  City 
Council,  the  names  of  all  persons  whose  weights,  measures, 
scale  beams,  or  steel-yards  are  incorrect,  and  to  deliver  a  copy 
of  his  said  register  to  the  Recorder  of  the  City. 

Sec.  4.  It  shall  be  the  duty  of  the  inspector  of  weights  and 
and  measures,  at  least  once  a  year,  to  examine  and  test  the 
accuracy  of  all  weights  and  measures,  scales  or  other  instru- 
ments or  things  used  by  any  person  for  weighing  or  measur- 
ing any  article  for  sale  in  said  City  of  Muscatine  ;  to  stamp 
with  a  suitable  seal,  all  weights  and  measures  and  scales  so 
used,  which  he   may  find  correct,   and    deliver  to  the  owner 


WEIGHTS   AND    MEASURES.  169 

thereof,  a  certificate  of  their  accuracy,  to  condemn  all  weights, 
measures  and  scales  which  he  may  find  incorrect  upon  such 
inspection,  and  to  cause  the  owner  thereof  to  have  them  cor- 
rected and  made  conformable  to  said  standard  in  the  manner  . 
hereinafter  provided,  and  any  person  refusing  to  exhibit  any 
measures  or  scales,  or  instruments  for  weighing  or  measuring 
to  said  inspectoi,  for  the  purpose  of  examination  or  inspec- 
tion, as  aforesaid,  or  obstructing  him  in  the  performance  of 
his  duty,  shall  forfeit  a  penalty  of  not  less  than  five  dollars, 
nor  more  than  twenty-five  dollars,  for  each  offense,  recovera- 
ble before  any  Court  having  jurisdiction  of  the  same  within 
the  City. 

Sec.  5'  It  shall  be  the  duty  of  said  inspector  of  weights  and 
measures  to  examine  and  put  in  good  order,  and  seal  all 
weights,  measures,  beams  and  scales  at  the  several  places 
where  the  same  are  used  ;  but  if  they  be  found  not  conforma- 
ble to  the  standard  of  the  State,  they  shall  be  sent  by  the 
owner  thereof  to  such  place  in  the  City  as  the  inspector  may 
direct,  for  the  purpose  of  being  repaired  and  adjusted,  and  the 
same  shall  be  sealed  within  ten  days  after  they  have  been  tested 
and  condemned,  and  any  person  offending  against  the  provis- 
ions of  this  section  shall,  on  conviction  thereof,  be  fined  in 
any  sum  not  exceeding  twenty-five  dollars. 

Sec.  6.  No  person  shall  make  use  of  any  weight,  scale, 
measure,  or  any  other  instrument  for  weighing  or  measuring 
any  article  for  sale  in  the  City,  until  the  same  has  been  duly 
examined  and  sealed  by  the  City  Inspector  of  weights  and 
measures,  under  a  penalty  of  not  less  than  five,  nor  more  than 
twenty-five  dollars,  recoverable  before  any  court  of  competent 
jurisdiction  in  this  City.  All  persons  using  weights,  meas- 
ures, scales  or  other  instruments  for  measuring  or  weighing 
any  article  for  sale  in  this  City,  which  have  been  sealed,  shall, 
upon  application  of  the  Inspector  of  weights  and  measures, 
allov/  the  same  to  be  examined,  tested  and  sealed  as  herein 
provided,  under  a  penalty  of  not  less  than  fire  nor  more  than 
twenty-five  dollars  for  failing  so  to  do,  and  any  person  or  per- 
sons altering  any  weights,  measures  or  scales,  causing  the 
same  to  weigh  or  measure  incorrectly,  shall,  on  conviction 
thereof,  befined  in  any  sum  not  exceeding  one  hundred  dol- 
lars. 

Sec.  7.  The  Inspector  of  weights  and  measures  shall  be  al- 
lowed to  receive  the  following  fees  for  services  rendered  by 
him,  under  this  ordinance,  viz  :  For  inspecting  and  sealing 
platform  scales  of  five  thousand  pounds  and  upwards,  includ- 
ing weights,  one  dollar  ;  of  less  denominations,  including 
weights,  fifty  cents  each.  For  inspecting  and  sealing  large 
beams,  weighing  one  thousand  pounds  and  upwards,  includ- 

22 


I/O  ORDINANCES. 

in£f  weights,  twenty-five  cents;  of  smaller  denominations  fif- 
teen cents.  Counter  scales,  including  weights,  fifteen  cents. 
For  comparing  and  sealing  any  measures,  bushels,  ten  cents  ; 
half  bushels,  five  cents,  less  denominations,  three  cents.  For 
comparing  and  sealing  wine  measures  each  three  cents.  For 
comparing,  inspecting  and  sealing  board  and  cloth  measures 
each  five  cents;  for  inspecting  and  testing  the  several  scales 
of  the  City  for  weighing  of  hay  and  coal  one  dollar  each. 

Sec.  8.  The  Inspector  of  weights  and  measures  shall  be  en- 
titled to  charge  and  receive  the  fees  as  specified  in  this  ordi- 
nance from  the  owner,  and  he  shall,  in  every  case  where  he 
may  employ  labor  and  material  in  making  the  same  accurate, 
be  entitled  to  receive  a  just  compensation  therefor. 

Sec.  9.  It  shall  not  be  lawful  for  the  Inspector  to  make 
the  aforesaid  charges  for  inspecting  and  testing  weights, 
measures  and  scales  oftener  than  once  a  year,  unless  at  the  re- 
quest of  the  owner,  or  if  any  person  or  persons  shall  complain 
of  the  inaccuracy  of  the  scales,  weights  or  measures,  when  he 
shall  be  entitled  to  his  regular  fee. 

Sec.  10.  Complaints  to  the  City  Inspector  need  not  be  in 
writing. 

CHAPTER  LXIV. 

WEIGHERS,  CITY. 

An  Ordinance  providing   for    the     appointment     of    City 
Weighers  and  regulating  their  duties. 


1.  City  Council  shall  appoint  city  weighers. 
who  shall  be  sworn  to  perform  their  duties 
to  the  best  of  their  ability. 

2.  When  they  shall  attend.  Amount  to  be 
charged.  Shall  keep  an  account  of  and 
give  a  certificate  of  all  loads  weighed  by 
him.  Standard  of  weights  and  measures  to 
be  kept  in  office. 

3.  Weigher  must  have  weighed  the  wagon 
or  vehicle  within  twelve   hours,   unless   he 


has  authority  from  the  buyer    not  to   do  so. 
Rule  in  regard  to  driver. 

4.  Intent  to  defraud  purchasers;  how  pun- 
ished. 

5.  City  weigher  to  provide  himself  with 
the  facilities  necessary  for  weighing  live 
stock.    Charge  for  weighing  same. 

6.  Compensation  oi  City  Weigher,  Shall 
receive  none,  and  scales  to  be  subject  to 
examination. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section  i.  The  City  Council  shall  appoint  two  or  more 
City  Weighers,  to  hold  their  offices  at  the  pleasure  of  the  City 
Council  of  said  City,  who  shall  be  sworn  to  perform  the  duties 
of  such  office  to  the  best  of  their  knowledge  and  ability,  and 
in  conformity  with  all  the  provisions  of  this  ordinance. 

Sec.  2.  Such  City  weigher  or  weighers  shall  attend  at  all 
reasonable  times  to  weigh  any  load  which  any  person  may  de- 
sire to  have  weighed,  and  for  every  load  net  which  he  weighs 
he  shall  be  entitled  to  charge  ten  cents,  and  he  shall  keep  an 


I 


WATER   DISTRICT.  I/I 

account  of  the  weight  of  such  load  by  him  weighed,  date  of 
weighing,  and  name  of  person  for  whom  weighed,  and  shall 
furnish  to  the  person  having  such  load  weighed  a  certificate 
for  each  load,  which  certificate  shall  contain  the  j^ross  and  net_ 
weight  of  such  load  weighed  by  him,  date  of  weighing,  and 
name  of  person  for  whom  weighed,  and  he  shall  compute  the 
net  weight  into  the  other  denominations  according  to  the 
standard  of  weights  and  measures  of  the  State  of  Iowa,  and  a 
table  of  standard  weights  and  measures  shall  be  posted  at 
some  conspicuous  place  in  his  office. 

Sec.  3.  No  city  weigher  shall  give  a  certificate  for  any  load 
weighed  by  him  without  having  weighed  the  empty  wagon  or 
vehicle  within  twelve  hours  before  or  twelve  hours  after 
such  load  was  weighed,  unless  he  has  the  written  consent  of 
the  buyer  of  the  load.  It  shall  be  the  rule  that  the  driver  of 
all  teams  be  off  the  wagon  when  weighed,  and  it  shall  be  the 
duty  of  the  city  weigher  to  mark  on  the  certificate  any  de- 
viation from  this  rule. 

Sec.  4.  If  any  person,  after  having  had  a  load  or  a  part  of 
a  load  weighed  shall  remove  any  portion  of  such  load  or  part 
of  a  load,  before  delivery,  with  intent  to  defraud  the  purchaser 
such  person  shall  be  guilty  of  a  misdemeanor  and,  on  convic- 
tion thereof,  shall  pay  a  fine  of  not  less  than  five  dollars  and 
costs,  and  not  more  than  one  hundred  dollars  and  costs. 

Sec.  5.  Such  city  weigher  shall  provide  himself  with  the  fa- 
cilities necessary  for  weighing  live  stock,  and  shall  be  entitled 
to  charge  for  the  weighing  of  hogs  two  cents  per  head,  and 
for  live  cattle  three  cents  per  head;  but  in  no  case  shall  he  be 
compelled  to  put  up  a  rack  for  less  than  twenty-five  cents  per 
draught,  nor  weigh  any  draught  for  less  than  five  cents. 

Sec.  6.  Such  city  weigher  shall  receive  no  compensation 
from  the  City  for  his  services,  and  his  scales  shall  at  all  times 
be  subject  to  the  examination  of  the  legal  inspector. 


CHAPTER  LXV. 

WATER  DISTRICT. 

An  Ordinance  defining  the  limits  of  the  Water  District  in 
the  City  of  Muscatine,  and  providing  for  the  levy  of  a 
special  tax  on  property  therein. 


1.  Property  within  the  district  to  be  sub- 
ject to  a  tax. 

2,  What  shall  constitute  the  water  district. 


3.  Property   not   within    the  benefit  and 
protection  of  the  Water  Works  not  taxable. 


Be  it  ordaiited  by  the  City  Council  of  the  City  of  Muscatine: 
Section   i.  All  that  part  of  the  City  of  Muscatine  laid  out 


1/2  ORDINANCES. 

in  blocks  bearing  numbers  as  hereinafter  designated  and  speci- 
fied, shall  be,  and  same  is  hereby  declared  to  be  the  *'  Water 
District"  in  said  City,  and  persons  residing  and  property  situ- 
ated within  said  district  shall  be  subject  to  the  special  tax 
authorized  and  required  to  be  levied  to  pay  to  the  City,  water 
rents,  etc.,  as  provided  by  Section  475,  Chapter  10,  Title  4, 
Code  of  Iowa,   1873. 

Sec.  2.  The  following  blocks  and  parts  of  blocks  shall  com- 
pose said  Water  District,  to-wit  :  Blocks  number  six  (6),  sev- 
en (7),  eight  (8),  nine  (9),  ten  (10),  eleven  (11),  twelve  (12), 
thirteen  (13),  fourteen  (14J,  fifteen  (15),  sixteen  (16),  seventeen 
(17),  eighteen  (18),  nineteen  (19),  twenty-seven  (27),  twenty- 
eight,  (28),  twenty-nine  (29),  thirty  (30),  thirty-one  (31),  thir- 
ty-two (32),  thirty-three  (33),  thirty-four  (34),  thirty-five  (35), 
thirty-six  (36),  thirty-seven  (37),  thirty-eight  (38),  thirty-nine 
(39),  forty  (40),  forty-one  (41),  forty-eight  (48),  forty-nine 
(49),  fifty  (50),  fifty-one  (51),  fifty-two  (52),  fifty-three  (53), 
fifty-four  (54),  fifty-five  (55  ),  fifty-six  (56),  fifty-seven  (57),  fifty- 
eight,  (58),  sixty  (60),  sixty-one  (61),  seventy-two  (72^  seventy- 
three  (73),  seventy-four  (74).  seventy-five  (75),  seventy-six 
{76),  seventy-seven  ij7),  seventy-eight  {y8),  seventy-nine  (79), 
eighty  (80),  eighty-one  (81),  eighty-two  (82),  eighty-three  (83), 
eighty-four  (84),  eighty-five  (85),  ninet3^-three  (93),  ninety- 
four  (94),  ninety-five  (95),  ninety-six  (96),  ninety-seven  (97), 
ninety-eight  (98),  ninety-nine  (99),  one  hundred  (100),  one 
hundred  and  one  (lOi),  one  hundred  and  two  (102),  one  hun- 
dred and  three  (103),  one  hundred  and  four  (104),  one  hun- 
dred and  five  (105),  one  hundred  and  six  (106),  one  hundred 
and  seven  (107),  one  hundredand  fifteen  (115),  one  hundred 
and  sixteen  (i  16), one  hundred  and  seventeen  (i  i7),one  hundred 
and  eighteen  (118),  one  hundred  and  nineteen  (i  19),  one  hun- 
dred and  twenty  (120),  one  hundred  and  twenty-one  (121), 
one  hundred  and  twenty-two  (122),  one  hundred  and  twenty- 
three  (123),  and  lots  one,  two,  three,  four  and  five  in  block 
one  hundred  and  forty-two  (142);  lots  one,  two,  three,  four  and 
five  in  block  one  hundred  and  forty-three  (143),  lots  one,  two, 
three  four  and  five  in  block  one  hundred  and  forty-four  (144); 
lots  one,  two,  three,  four  and  five  in  block  one  hundred  and 
forty- five  (i45>;  lots  one,  two,  three,  four  and  five  in  block 
one  hundred  and  forty-six  (146;,  lots  one,  two,  three,  four  and 
five  in  block  one  hundred  and  forty-seven  (147),  lots  one, 
two,  three,  four  and  five  in  block  one  hundred  and  forty-eight 
(148),  lots  one,  two,  three,  four  and  five  in  block  one  hundred 
and  forty-nine,  (149),  and  lots  one,  two,  three,  four  and  five  in 
block  one  hundred  and  fifty,  (150),  and  including  in  said  Water 
District,  all  property  lying  within  the  northerly  line  of  Front 
street  and  Mississippi  river,  from  Spruce  to  Spring  streets. 


WATER   WORKS. 


17?> 


Sec.  3.  Taxable  property  within  the  City,  not  situated 
within  said  Water  District,  being  deemed  not  to  be  within 
the  limits  of  benefit  or  protection  of  the  water  works,  shall 
not  be  subject  to  the  tax  mentioned  in  the  preceeding  sections. 


CHAPTER  LXVI, 


WATER  WORKS. 


An  Ordinance  to  provide  for  a  proper  supply  of  water  for 
use  and  protection  from  fire. 


I 


1.  Exclusive  franchise  granted  for  a  term 
()f  tweiity-five  years. 

2.  Rijiht  to  use  streets,  &c..  granted 
Streets  not  to  be  nnnecessurily  obstructed. 
Streets  to  be  repaired.  City  may  repair  if 
company  fails  and  charge  Compahy  with  ex- 
pense. 

3.  Duty  of  Company  upon  its  acceptance  of 
the  franchise  granted  by  the  ordinance 
Must  make  survey  and  plat.  Pipes  to  be 
laid  six  feet  below  the  surface  of  the  ground. 
City  to  have  free  use  of  fire  hydrants,  in 
case  of  fire.  Quantity  of  water  to  be  kept  in 
reservoir. 

4.  City  to  pay  "-ent  for  use  of  fire  hydrants. 

5.  Penalty  for  turning  water  on  hydrants 
without  authority. 

6.  Company  authorized  to  enter  upon  the 
premises  of  any  consumer  of  water  fur- 
nished by  it'  to  examine  pipes  and  fixtures, 


and  prevent  waste.    May  shut  oflT  water  from 
private  premises. 

7.  City  to  pass  ordinances  for  the  protec- 
tion of  water  works,  and  to  compel  the  com- 
pany to  perform  its  duties. 

8.  Rates  to  be  charged  for  use  of  water. 

9.  When  company  may  condemn  private 
property,  and  in  what  manner. 

10.  Company  may  erect  certain  buildings 
on  water  front  of  said  City. 

11.  Public  square  demised  to  the  company. 
Purposes  and  conditions  of  such  demise. 

12.  City  reserves  right  to  purchase  the 
works  of  said  company  upon  appraisement , 
Appraisers,  how  chosen.  When  City  may 
declare  franchise  forfeited. 

13.  Company  to  file  acceptance  of  ordi- 
nance within  thirty  days  after  its  passage,  if 
accepted.  If  acceptance  be  so  filed,  this  or 
dinance  to  constitute  a  contract  between 
the  City  and  Company. 


I 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine: 

Section  i.  That  there  is  hereby  granted  to  J.  A.  Bishop, 
G.  W.  Dillaway,  S.  &.  L.  Cohn,  W.  W.  Webster,  W.  S.  Rob- 
ertson, R.  M.  Burnett,  Wm.  C.  Wier,  R.  Musser,  R.  M.Baker, 
J.  T.  Krehe,  S.  G.  Stein,  L.  W.  Olds,  H.  Funck,  J.  Rubelmann, 
and  P.  Stein,  and  their  associates,  who  shall  organize  as  a  cor- 
poration under  the  laws  of  Iowa,  under  the  name  and  style  of 
the  **  Muscatine  Water  Works  Company,  "and  to  their  succes- 
sors and  assigns,  the  exclusive  privilege  for  twenty-five  (25) 
years,  and  an  equal  right  thereafter  with  all  others,  of  supply- 
ing the  City  of  Muscatine  with  water  to  be  taken  from  the 
Mississippi  river,  at  such  point  or  points  as  the  company  shall 
deem  most  expedient. 

Sec.  2.  That  the  said  Muscatine  Water  Works  Company, 
its  successors  and  assigns,  during  said  term  of  twenty-five 
years,  shall  have  the  right  to  use  any  street,  avenue,  lane,  al- 
ley,  square,  sidewalk,  wharf,  landing,  or  river  ^ront,    for  the 


174  ORDINANCES. 

purpose  of  laying  down  therein,  and  of  altering,  enlarging, 
maintaining  and  repairing  pipes  and  other  fixtures  for  convey- 
ance and  distribution  of  water  to  the  City  and  its  inhabitants. 
And  in  the  performance  of  such  work  no  unnecessary  obstruc- 
tion to  the  public,  to  travel  or  to  business,  shall  be  permitted 
by  the  City  or  the  company.  And  the  said  company  shall, 
as  rapidly  as  practicable,  repair  the  street  or  other  place  so 
used,  and  restore  the  same  to  as  good  condition  as  before  such 
work  was  done.  And  in  case  the  company  shall  neglect  to 
make  such  repair  and  restoration  within  a  reasonable  time, 
and  after  being  duly  notified  by  the  City,  the  City  Council 
may  cause  such  repair  and  restoration  to  be  made  at  the  ex- 
pense of  said  company,  and  may  recover  such  expense  of  the 
company  in  an  ordinary  action  at  law.  And  in  case  any  per- 
son, right  or  property  be  injured  by  the  negligence  of  said  com- 
pany, its  agents  or  employes  in  the  work  in  this  section  set 
forth,  the  company  shall  be  liable  therefor. 

Sec.  3.  The  said  company  shall,  upon  its  written  accept- 
ance of  the  franchise  by  this  ordinance  granted,  proceed  to 
make  suitable  arrangements  for  carrying  out  the  purposes 
thereof;  and  to  that  end,  shall  within  a  reasonable  time,  make 
a  topographical  survey  and  plat  of  that  part  of  the  City  of 
Muscatine  wherein  the  first  two  miles  of  main  pipe  shall  be 
laid,  to-wit  :  Second  and  Fifth  streets,  between  Locust  and 
Oak  streets,  including  necessary  connections,  and  connections 
with  pumping  works  and  reservoir,  with  such  variations  from 
the  line  of  either  or  any  of  said  streets,  as  the  nature  of  the 
ground  may  render  expedient.  And  the  said  survey  and  plat 
shall  show  the  proposed  location  of  the  pumping  works  and 
reservoir,  and  the  mains- connecting  therewith  ;  the  size  of  the 
main  pipes  ;  where  fire  hydrants  are  to  be  located  ;  and  the 
number  and  location  of  all  stop  cocks  for  shutting  off  the  wa- 
ter in  the  mains  ;  and  the  said  plat  shall  be  filed  with  the  City 
Recorder.  And  in  case  of  every  extension  of,  or  addition  to 
said  street  mains,  the  location  and  size  thereof  shall  be  desig- 
nated upon  said  plat  by  the  company,  or  a  new  plat  filed,  as 
the  case  may  require. 

And  the  said  company  shall,  by  the  first  day  of  July,  A.  D., 
1876,  lay  down  at  least  two  miles  of  such  main  pipe,  and  the 
said  pipe  and  all  future  extension  thereof,  shall  be  of  sufficient 
capacity  to  deliver  the  requisite  amount  of  water  for  domes- 
tic use  and  fire  protection,  and  shall  be  so  laid  as  to  give  a 
continuous  circuit  to  the  flow  of  water  throughout  the  entire 
system  of  main  pipes.  And  said  pipes  shall  be  laid  below  the 
reach  of  frost,  to  a  depth  of  at  least  six  feet  from  the  surface 
of  the  ground  to  the  bottom  of  the  trenches. 


WATER   WORKS.  1/5 

And  there  shall  be  located  at  each  street  crossing  on  and 
along  said  two  miles  of  main  pipe,  one  double  discharge  fire 
hydrant,  for  the  use  of  the  City  for  fire  protection,  and  the 
said  City  shall  at  all  times  have  the  free  and  unobstructed  use 
for  fire  purposes,  of  the  said  fire  hydrants  ;  and  the  said  City, 
its  proper  officers  and  employes,  shall  have  the  right  at  all 
times,  for  the  purpose  of  extinguishing  fires,  to  take  water  from 
said  fire  hydrants  without  charge  therefor  to  the  City,  save 
and  except  the  annual  rental  hereinafter  and  by  this  ordinance 
agreed,  stipulated  and  provided  to  be  paid  by  said  City. 

And  after  the  construction  of  its  reservoir,  said  company 
shall  at  all  times  keep  at  least  five  hundred  thousand  gallons 
of  water  in  the  reservoir,  and  in  case  of  fire  shall  get  up  steam 
as  soon  as  possible  for  the  purpose  of  re-enforcing  said  supply 
of  water  ;  and  the  reservoir  and  the  main  pipes  laid  in  distri- 
bution, shall  have  a  capacity  to  throw  at  least  four  streams  of 
water  simultaneously  from  one  inch  nozzles,  to  a  height  of  one 
hundred  feet,  at  such  points  on  the  line  as  shall  be  deemed 
feasible  by  the  City  and  the  company. 

Sec.  4.  And  be  it  further  ordained,  that  in  consideration  of 
the  use  of  said  fire  hydrants,  on  the  said  two  miles  of  main  pipe 
and  the  water  therefrom,  as  in  the  preceding  section  set  forth, 
and  as  an  annual  rental  therefor  and  payment  for  such  use  and 
right  of  use,  the  said  City  of  Muscatine  shall,  and  will  in  each 
and  every  year  during  the  life  of  the  franchise  by  this  ordi- 
nance granted,  pay  unto  the  said  Muscatine  Water  Works 
Company,  the  sum  of  four  thousand  dollars,  in  equal  quarter- 
yearly  installments,  payable  to  the  Treasurer  of  said  compa- 
ny on  the  first  Monday  in  March,  June,  September  and  De- 
cember of  each  year. 

And  the  said  rental  shall  commence  and  take  effect  as  soon 
as  said  hydrants  are  ready  for  use,  and  the  said  company  com- 
plies with  the  provisions  of  this  ordinance. 

And  for  every  additional  fire  hydrant  put  in  by  said  com- 
pany with  the  consent  of  said  City,  by  vote  or  resolution  of 
the  City  Council,  previously  expressed,  upon  any  extension 
of  or  addition  to  said  two  miles  of  main  pipe,  or  elsewhere, 
and  provided  the  same  be  requested  by  the  property  holders 
interested,  the  said  City  shall  pay  unto  said  company  an  an- 
nual rental  of  seventy-five  dollars,  payable  quarter-yearly,  as 
aforesaid  ;  the  City  to  have  the  same  use  of  such  additional 
fire  hydrant  or  hydrants  as  of  those  on  the  first  two  miles 
above  specified. 

Sec.  5.  Any  person  who  shall,  without  authority  of  said 
company,  turn  water  on  the  fire  hydrants,  or  any  of  them,  ex- 
cept by  order  of  the  City,  its  officers  or  employes,   for    the 


176  ORDINANCES. 

purpose  of  extinguishing  fire  shall  be  deemed  guilty  of  misde- 
meanor and  on  conviction  thereof,  shall  be  fined  not  less  than 
ten  nor  more  than  twenty-five  dollars,  or,  at  the  discretion  of 
the  Court,  be  imprisoned  not  less  than  five  nor  more  than  thir- 
ty days. 

Sec.  6.  Said  company,  or  its  properly  authorized  agents  or 
employes,  shall  have  the  right  at  any  reasonable  time  to  en- 
ter upon  the  premises  of  any  consumer  of  water  furnished  by 
said  company,  for  the  purpose  of  examining  the  condition  of 
the  pipes  and  fixtures  of  such  consumer  and  preventing  waste 
of  water.  And  in  case  any  consumer  shall  fail  to  repair  defects 
in  his  pipes  or  fixtures,  or  shall  waste  said  water,  or  suffer  the 
same  to  be  done,  the  company  shall  have  the  right  to  shut  ofC 
the  water  from  the  premises  of  such  consumer  until  such  re- 
pairs are  made,  or  satisfactory  assurance  given  that  the  water 
shall  be  properly  used. 

And  the  company  shall  have  the  right  to  shut  off  the  water 
from  the  pipes  for  a  reasonable  time  for  the  purpose  of  mak- 
ing necessary  repairs,  or  the  putting  down  of  extension  pipes. 

Sec.  7.  The  City  Council  of  said  City  shall,  during  the  life 
of  said  franchise,  pass  all  ordinances,  penal,  or  otherwise,  that 
may  be  necessary  to  carry  out  the  provisions  of  this  ordinance; 
to  protect  the  rights  and  interests  of  said  company  ;  to  pre- 
serve the  purity  of  the  water  from  whence  the  supply  is  tak- 
en, and  to  compel  the  said  company  to  perform  its  duties  and 
obligations  as  contained  and  set  forth  in  this  ordinance. 

Sec.  8.  The  rates  to  be  charged  by  said  company  for  water 
furnished  to  consumers,  shall  not  exceed  the  average  rates 
charged  by  or  in  the  cities  of  Clinton,  Iowa  ;  Davenport,  Iowa; 
and  Des  Moines,  Iowa. 

Sec.  9.  The  said  City  of  Muscatine  hereby  grants  to  and 
confers  upon  the  said  Muscatine  Water  Works  Company,  all 
the  rights,  powers  and  privileges  possessed,  or  that  might  be 
possessed  or  exercised  by  said  City  under  the  laws  of  Iowa, 
to  condemn  private  property  for  the  purpose  of  constructing 
said  Water  Works  and  reservoir  thereon,  and  of  maintaining 
and  operating  the  same. 

And  the  said  company  is  authorized  to  make  such  condem- 
nation of  private  property,  for  the  purposes  aforesaid,  in  the 
manner  and  with  the  effect  provided  by  law. 

Sec.  10.  And  there  is  hereby  granted  unto  said  company 
the  right  to  build,  construct  and  maintain  its  pumping  works 
and  necessary  buildings  and  other  structures  in  connection 
therewith,  at  such  point  on  the  river  front  of  said  City,  as 
may  be  deemed  best  suited  for  the  purpose  ;  such  point  to  be 
so  located  as  to  avoid  interference  with  the  rights  of  the  pub- 


WATER   WORKS.  1/7 

lie  SO  far  as  possible,  and  consistently  with  the  safety  and  im- 
portance of  said  works. 

Provided,  that  such  pumping  works  and  structures  shall  not 
be  located  upon  the  river  front  or  levee,  between  Chestnut 
Street  and  Iowa  Avenue,  inclusive  of  said  streets. 

Sec.  II.  And  be  it  further  ordained  that  there  is  hereby 
let  and  demised  unto  the  said  Water  Works  Company,  for  the 
said  term  of  twenty-five  years,  the  open  space  of  ground  be- 
tween blocks  49,  50,  83  and  84,  known  and  designated  on  the 
City  map  as  the  "  Public  Square,  "  for  the  purpose  of  improv- 
ing, beautifying  and  adorning  the  same  ;  and  with  the  privi- 
lege of  constructing  and  maintaining  thereon,  a  reservoir,  hav- 
ing a  capacity  of  one  million  gallons.  And  the  said  company 
shall  at  all  times  save  and  hold  the  City  free,  clear  and  harm- 
less of,  and  from  all  loss,  cost  or  expense  or  damage  by  reason 
of  the  grant  in  this  section  contained.  And  in  consideration 
of  said  grant  and  lease,  and  provided  the  said  company  shall 
construct  such  reservoir  upon  said  ground,  the  said  company 
shall  and  must  at  once  proceed  to  adorn  and  improve  the  re- 
maining portions  of  said  ground,  so  far  as  the  nature  of  said 
ground  will  permit,  by  planting  trees  thereon,  and  making 
the  streets  through  the  same  in  good  order,  and  providing 
convenient  footpaths,  and  shall  at  all  times  keep  the  said 
ground  and  the  works  and  improvements  thereon  in  good 
order  and  condition. 

Sec.  12.  That  in  consideration  of  the  rights  and  privileges 
herein  granted  unto  said  company,  the  City  hereby  reserves 
the  right,  at  the  expiration  of  five,  ten  or  fifteen  years  from 
the  date  of  the  passage  of  this  ordinance,  to  take  from  the 
company  the  entire  works,  together  with  its  franchise  and 
privileges,  at  a  valuation  then  to  be  agreed  upon,  in  the  fol- 
lowing manner,  to-wit  :  The  City  shall  give  the  company  one 
year's  notice,  in  writing,  of  its  intention  to  take  the  works  as 
aforesaid  ;  and  the  City  shall  thereupon  appoint  two  apprais- 
ers, and  the  company  shall  appoint  two  appraisers,  and  the 
four  appraisers  so  chosen  shall  choose  a  fifth,  and  said  five  ap- 
praisers shall  proceed  to  value  all  the  franchises,  buildings, 
machinery,  fixtures  and  materials  then  on  hand  belonging  to 
said  company,  and  upon  the  payment  by  said  City  to  the  com- 
pany of  the  amount  of  such  valuation,  the  company  shall  at 
once  deliver  to  the  City  all  of  said  property  ;  a  finding  and 
valuation  by  a  majority  of  the  appraisers  shall  be  binding  on 
both  parties. 

And  it  is  hereby  further  provided,  that  in  case  the  four  ap- 
praiserj  chosen  as  aforesaid,  shall  refuse  or  neglect,  for  thirty 
days  after  their  appointment,  to  select  a  fifth,  then,  and  in  that 

23 


178  ORDINANCKS. 

case,  either  party  may  apply  to  the  Judge  of  the  District 
Court  of  this  Judicial  District,  who  shall,  upon  such  applica- 
tion, appoint  the  fifth  appraiser  ;  and  it  is  also  provided  that 
a  failure  on  the  part  of  the  company,  for  thirty  days,  to  select 
the  two  appraisers  as  hereinbefore  provided,  shall  authorize 
the  City  to  apply  to  the  said  Judge,  w  ho  shall  thereupon  ap- 
point said  two  appraisers,  as  is  provided  of  the  fifth  appraiser. 

And  it  is  further  understood  and  provided,  that  any  disa- 
greement between  the  City  and  the  company  shall  be  settled 
by  arbitration,  each  party  selecting  one,  and  the  two  selected 
shall  select  a  third,  and  the  decision  of  said  three  arbitrators 
shall  be  final  and  conclusive  between  the  parties.  But  noth- 
ing in  this  section  contained  shall  affect  the  rights  reserved  to 
the  City  in  section  two  of  this  ordinance,  to  institute  actions 
for  the  causes  in  said  last  mentioned  section  set  forth. 

And  the  City  further  reserves  the  right  to  declare  the  fran- 
chise granted  by  this  ordinance  forfeited,  in  case  the  Compa- 
ny shall  unreasonably  neglect  or  refuse  to  fulfill  and  perform 
the  conditions  by  this  ordinance  imposed  upon  it. 

Sec.  13.  A  failure  on  the  part  of  said  company  for  sixty 
days  from  and  after  the  passage  of  this  ordinance,  to  file  in 
the  office  of  the  City  Recorder  a  written  acceptance  of  the 
franchise  hereby  granted,  shall  subject  such  franchise  to  for- 
feiture. But  if  such  acceptance  be  filed,  then  this  ordinance 
shall  constitute  and  be  construed  as  a  contract  between  the 
said  City  of  Muscatine  and  the  said  Muscatine  Water  Works 
Company,  and  the  same  shall  not  be  subject  to  amendment  or 
appeal  without  the  consent  of  both  s;iid  parties. 


CHAPTER  LXVIL 

WATER  WORKS. 

An  Ordinance  providing  for  the  Management  and  Protec- 
tion of  the  Property  and  Rights  of  the  Muscatine  Water 
Works  Company. 


1.  The  Company  to  attach  service  pipes  to 
btreet  mains  when  proper  application  is 
made  therefor.  No  other  person  allowed  to 
connect  such  pipes  to  the  mains. 

3.  Persons  using  water  to  keep  the  hy- 
drants in  repair. 

3.  No  person  allowed  to  hitch  i.;       in^mal 


to  any  hydrant,    or    break,     or    deface    any 
property  belonijing  to  said  company. 

4.  OrtVil  or  other  filthy  matter  not  to  he 
placed  in  the  reservoir  of  said  company,  or 
in  the  ^lississippi  river  within  the  City  lim- 
its. 

5.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine  : 

Section   i.  That  it    shall    be    the    duty  of   the    Muscatine 
Water  Works  company  to  attach   service  pipes  to  the  street 


WATER    WORKS.  1/9 

mains  whenever  proper  application  is  made  therefor,  the  ex- 
pense of  such  attachment  to  be  paid  by  the  applicant,  and  no 
plumber,  pipe-fitter  or  other  person  shall,  without  the  written 
consent  of  said  compan} ,  (^r  its  proper  managing  agent,  bore 
or  drill  into  the  mains  or  other  pipes  of  the  company  for  the 
purpose  of  attaching  or  connecting  service  pipes  therewith, 
nor  permit  anyone  in  his  or  their  employ  so  to  do. 

Sec.  2.  All  persons  using  water  supplied  by  said  company 
shall  keep  the  hydrants,  taps,  hose,  water  closets,  urinals, 
baths  or  other  fixtures  allotted  to  their  use,  in  good  repair, 
and  shall  keep  the  same  closed,  except  when  obtaining  water 
for  use,  and  shall  be  responsible  for  any  damage  that  may  re- 
sult to  others  from  the  improper  use  or  waste  of  said  water, 
and  in  addition  thereto  be  subject  to  the  penalty  hereinafter 
provided. 

Sec.  3.  Any  person  a\  ho  shall  hitch  any  horse  or  other  ani- 
mal to  any  hydrant,  or  who  shall  in  any  way,  intentionally  or 
carelessly  break,  deface  or  in  any  manner  injure  or  destroy 
any  hydrant  or  other  property  belonging  to  said  Water  Works 
Company,  or  belonging  to  others,  and  used  in  connection 
with  the  Water  Works,  shall  be  liable  for  all  damage  done  and 
and  subject  to  the  penalty  hereinafter  provided. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  throw,  place 
or  deposit  any  substance  or  thing  of  whatever  nature  in  any 
reservoir  that  may  be  bm'lt,  owned  or  controlled  by  said  com- 
pany or  used  in  connection  with  said  water  works,  or  to  de- 
posit any  carcass,  carrion,  offal  from  slaughterhouses,  or  other 
offensive,  poisonous,  filth\-  or  decaying  matter,  or  substance 
upon  the  ice  or  in  the  water  of  the  Mississippi  river,  or  any 
creek  tributary  thereto,  at  any  point  above  the  Chicago,  Rock 
Island  and  Pacific  Railroad  De  pot  within  the  limits  of  the 
City  of  Muscatine. 

Sec.  5-  Any  person  \vlio  shall  do  or  perform  any  act  or 
thing  prohibited  by  this  ordinance,  or  by  its  terms  declared 
unlawful,  shall  be  guilt}  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  any  sum  not  exceeding  one  hnndred 
dollars,  and  be  required  to  pay  costs  of  prosecution. 


pay  wharf  charges  to  forfeit  thirtj-  do'lars  to 
use  of  the  City. 

a.  No  one  allowed  to  keep  a  wharf,  tradiiijij 
or  fishing  boat,  without  permission  from  the 
City.  Penalty  for  refusing  to  remove  the 
same. 

7.  No  one  allowed  to  obstruct  landing. 
Expense  of  removal  of  any  ob.structit)n  to  be 
snstaii.ed  by  owner  of  such  obstruction. 

8-  Duty  of  wharfmaster  to  see  that  this  or- 
dinance is  complied  with  and  report  to  City 
Council  each  month  the  amount  of  money 
collected,  and  to  supply  necessaries  for  the 
landing  of  boats. 

9  Wharfmaster  to  give  bond.  Compensa- 
tion.   Money  to  be  paid  to  City  Treasurer. 


l8o  ORDINANCES. 

CHAPTER  LXVIII. 

WHARVES  AND  WHARFAGE. 

An  Ordinance  relating  to  Wharves  and  Wharfage. 

1.  Defining  wharf  and  City  to  be  paid  for 
the  use  of  the  same.  Wharf  to  be  kept  free 
from  all  obstructions. 

2.  No  keel  boat,  barge  or  lighter  shall  be 
tied  at  said  wharf  in  such  manner  as  to  ob- 
struct the  landing  of  steamboats,  and  rafts 
or  lumber  not  permitted  to  land  at  all.  Fer- 
ry uoat  to  have  use  of  part  designated. 

3.  Violation  of  preceding  secticms  to  be 
punished  by  fine,  and  parties  liable  for  any 
damagen  occurring, 

4.  Amount  to  be  charged  and  paid  by  each 
steamboat  landing  at  the  wharf.  Charges 
for  boats  making  more  than  three  landings 
per  week. 

5.  Any  master  of   steamboat  refusing  to 

Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine : 

Section  i.  That  that  portion  of  the  bank  or  shore  of  the 
Mississippi  river,  lying  between  Iowa  Avenue  and  Pine  street, 
including  the  full  width  of  said  streets,  is  hereby  declared  to 
be  an  improved  wharf  or  levee,  and  all  steamboats  or  other 
vessels  landing  at  or  using  such  wharf  shall  pay  to  the  City, 
for  such  use,  the  fees  hereinafter  named  as  a  compensation  for 
the  expenditures  incurred  in  constructing,  improving  and  re- 
pairing said  wharf  and  levee,  and  such  wharf  and  levee  shall 
be  kept  free  fro  n  obstructions  except  articles  deposited  in  the 
receipt  and  discharge  of  freight  from  boats  and  vessels  paying 
wharfage,  and  such  articles  shall  only  remain  a  reasonable 
time,  to  be  determined  by  the  wharfmaster. 

Sec.  2.  No  keel  boat,  barge  or  lighter  shall  be  permitted  to 
be  tied  at  said  wharf  in  such  manner  as  to  obstruct  the  land- 
ing of  steamboats,  and  no  raft  of  lumber,  logs  or  other  ma- 
terial shall,  under  any  pretext,  be  permitted  to  land  at  said 
wharf.  Provided  that  the  ferry  boat  shall  be  allowed  a  rea- 
sonable use  of  such  part  of  said  wharf  as  lies  in  front  of  lot  five 
in  block  eleven  and  the  river  end  of  Iowa  avenue. 

Sec.  4.  A  wharfage  of  two  dollars  and  fifty  cents  shall  be 
charged  for  and  paid  by  each  steambort  landing  at  and  using 
the  steamboat  wharf  of  said  City  for  each  and  every  landing  so 
made  ;  provided,  that  all  boats  that  make  at  least  three  land- 
ings or  more  per  week  shall  be  charged  one  dollar  and  fifty 
cents,  and  boats  making  more  than  three  landings  per  week 
one  dollar  for  each  and  every  time  said  boats  land  at  and  use 
the  steamboat  wharf  of  said  City.  That  tow  boats  belonging 
to  persons  residing  in  the   City,  and  towirig  wood  or  coal  and 


WHARVES   AND   WHARFAGE.  l8l 

Other  crafts  of  burden,  shall  pay  one  dollar  for  each  and  every 
time  they  land  at  and  use  said  City  steamboat  wharf. 

Sec.  5.  The  owner,  master  or  clerk  of  any  steamboat  or 
other  craft,  subject  to  the  payment  of  wharfage,  refusing  to 
pay  the  above  wharfage  on  the  request  of  the  wharfmaster,  or 
intentionally  avoiding  such  payment  shall  forfeit  to  the  use 
of  said  City  a  sum  not  exceeding  thirty  dollars. 

Sec.  6.  No  person  shall  keep  a  wharf  boat  or  trading  boat 
or  boat  for  selling  and  catching  fish,  commonly  known  as  fish- 
boat,  at  the  river  landings  in  the  City  except  by  special  per- 
mit of  the  City  Council;  and  the  owner  or  keeper  of  any  such 
boat  laying  to  without  such  permit,  refusing  to  remove  the 
same,  on  notice  to  that  effect  by  the  wharfmaster,  shall  for- 
feit to  the  use  of  the  City,  five  dollars  a  day  for  each  day  it 
remains  after  such  notice  is  given. 

Sec.  7.  No  person  shall  be  allowed  to  obstruct  the  landing 
anywhere  within  the  City  limits,  by  rafts,  wood  or  coal  boats 
or  other  craft  laying  to,  or  wood  corded  for  sale,  or  lumber 
piled  for  shipment,  beyond  a  reasonable  length  of  time  ;  and 
if  the  obstruction-is  not  removed  in  a  reasonable  length  of 
time  after  notice  given  by  the  wharfmaster,  the  wharfmaster 
shall  proceed  to  remove  the  sam.e  and  charge  the  expense  of 
said  removal  to  the  respective  owners  of  the  property  so  re- 
moved. 

Sec.  8.  It  is  hereby  made  the  duty  of  the  wharfmaster  to 
see  that  the  provisions  of  this  ordinance  are  strictly  complied 
with  and  report  to  the  City  Council  at  the  end  of  each  month 
the  whole  amount  of  money  collected  for  the  month  specifying 
the  boats  or  other  crafts  from  which  said  moneys  are  collected, 
and  it  shall  be  the  duty  of  the  wharfmaster  to  have  all  neces- 
sary posts  and  rings  for  securing  boats  to  the  wharf  placed 
and  kept  at  the  proper  points,  the  expense  thereof  to  be  paid 
from  wharfage  receipts. 

Sec.  9.  The  wharfmaster  shall  give  a  bond  with  sureties, 
in  the  penal  sum  of  one  thousand  dollars,  for  the  faithful  per- 
formance of  his  duties  and  shall  be  entitled  to  retain  six  per 
cent,  of  all  funds  collected  by  him,  which  shall  be  his  com- 
pensation in  full,  paying  over  the  balance  at  the  end  of  each 
month  to  the  City  Treasurer. 


I82 


ORDINANCES. 


II 


CHAPTER  LXIX. 

STREETS  AND  ALLEYS. 

An  Ordinance  in  relation  to  Sidewalks. 


be  asf^essed  and  to  constitute  a  special  tax, 

7.  Width  of  temporary  sidevvalkp. 

8.  Council  may  order  temporary  sidewalk 
to  be  laid. 

9.  When  Council  may  direct  the  construc- 
tion of  temporary   gidewalks.    Expense  of 
Paid  out  of  road  fund.    Cost  to  be   levied  as 
as  a  special  tax. 

10.  Dut}-  of  owner  in  regard  to  sidewalk, 
n.  Assessments  made  against   lots;  how 

collected.     Marshal    to    make  return.     Un- 
paid assessments  to  constitute  a  tax. 


1.  Permanent  and  temporary  sidewalks. 

2.  What  deemed  permanent;  what  deemed 
temporary. 

3.  How  permanent  sidewalks  shall  be  con- 
structed and  of  what  material. 

4.  Council  may  order  sidewalks  to  be  con- 
structed, when.  What  order  shall  contain. 
Notice  to  be  given.    Duty  of  owner. 

5.  Duty  of  Mayor  in  case  owner  should  re- 
fuse or  fail  to  construct  any  sidewalk  or- 
dered. Contract  for  work.  What  it  must 
provide. 

6.  Cost  of  work  paid  out  of  road  fund.    To 

Be  it  oi'dained  by  the  City  Council  of  the  City  of  Muscatitte: 

Section  i.  That  all  sidewalks  now  constructed,  or  hereaf- 
ter to  be  constructed  in  the  City  of  Muscatine  shall  be  divid- 
ed into  two  classes,  to  be  known  and  designated  as  perma- 
nent sidewalks  and  temporary  sidewalks. 

Sec.  2.  All  sidewalks  already  constructed  upon  any  street 
or  part  of  street,  in  conformity  with  the  established  grade 
thereof,  not  less  than  ten  feet  wide,  shall  be  designated  and 
be  deemed  to  be  permanent  sidewalks;  and  all  sidewalks  al- 
ready constructed  upon  any  street  or  part  of  street,  whether 
in  conformity  with  the  established  grade  or  not,  of  a  less 
width  than  ten  feet,  shall  be  designated  and  be  deemed  tem- 
porary sidewalks. 

Sec.  3.  Permanent  sidev/alks,  hereafter  to  be  constructed, 
shall  be  of  brick,  stone  or  plank,  ten  feet  wide;  (except  on 
Iowa  Avenue,  where  they  shall  be  twelve  feet  wide);  if  of 
plank,  the  same  shall  not  be  less  than  two  inches  in  thickness, 
laid  at  right  angles  with  the  street  on  sleepers  not  less  than 
four  inches  thick  and  securely  nailed  with  spikes.  The  outer 
edges  of  the  sidewalks  shall  be  on  a  level  with  the  center 
grade  of  the  street  and  rise  one-half  an  inch  to  the  foot  up  to 
the  line  of  the  lot. 

Sec.  4.  Whenever  a  street  or  portion  thereof  shall  have 
been  graded  the  City  Council  may,  on  being  presented  with 
a  written  petition  signed  by  a  number  of  the  owners  of  prop- 
erty abutting  on  or  lying  along  said  street,  or  part  thereof, 
equal  to  a  majority  of  the  resident  owners  of  such  property, 
or  in  the  absence  of  such  petition,  by  a  vote  of  three-fourths 


STREETS   AND   ALLEYS.  1 83 

of  the  whole  number  of  members  of  said  Council,  order  per- 
manent sidewalks  to  be  constructed  along  such  street  or  por- 
tion thereof,  and  shall  by  such  order  designate  the  width  of 
such  sidewalks  and  the  material  of  which  they  shall  be  con- 
structed. Written  or  piinted  notices  of  such  order  shall  be 
given  by  the  City  Marshal  to  such  owner  or  owners  or  their 
agents,  if  they  be  residents  of  the  City,  by  serving  the  same 
in  person,  or  by  leaving  them  a  copy  at  their  usual  place  ot 
residence;  and  in  case  of  non-resident  owners,  having  no 
known  agents  in  the  City,  such  notice  shall  be  given  by  pub- 
lication for  one  week  in  some  newspaper  of  the  City,  and 
thereupon  it  shall  be  the  duty  of  each  owner  of  any  lot  or 
piece  of  ground  abutting  on  or  lying  along  said  street  or  part 
of  street,  to  construct  the  sidewalk  in  front  of  said  lot  or  piece 
of  ground,  in  conformity  with  the  directions  of  such  order  and 
the  provisions  of  this  ordinance,  within  ten  days  after  such 
notice  shall  have  been  given. 

Sec.  5-  I^  case  any  of  such  owners  shall  fail  or  neglect  to 
construct  the  sidewalk,  as  provided  in  the  preceding  sections, 
within  the  time  therein  limited,  it  shall  be  the  duty  of  the  May- 
or to  advertise  in  some  newspaper  of  the  City,  for  two  weeks, 
if  published  in  a  weekly  and  one  week  if  published  in  a  daily 
paper,  for  bids  for  the  construction  of  such  sidewalks  so  omit- 
ted to  be  constructed  by  said  owners,  in  conformity  to  the  or- 
der of  the  Council  directing  their  construction  and  to  this  or- 
dinance. Such  bids  when  received,  shall  be  reported  by  the 
Mayor  to  the  Council,  who  may  in  their  discretion  award  the 
contract  for  such  construction,  to  the  lowest  bidder,  or  may 
reject  all  bids  and  direct  new  bids  to  be  received.  All  con- 
tracts awarded  for  such  work  shall  be  in  writing,  and  shall  be 
accompanied  by  the  bond  ot  the  contractor  in  such  penalty 
and  with  such  surety  as  the  Mayor  shall  deem  sufficient  for 
the  faithful  performance  of  the  work  contracted  for.  Such 
contract  shall  provide  that  the  work  shall  be  done  under  the 
supervision  and  to  the  acceptance  of  the  Street  Commissioner 
or  such  committee  as  the  Council  may  appoint. 

Sec.  6.  The  cost  of  the  work  done  under  such  contracts 
shall  be  paid  to  the  contractor  out  of  the  general  road  fund  and 
reported  to  the  City  Assessor  with  a  list  of  the  lots  or  pieces 
of  ground  along  which  said  sidewalks  shall  have  been  so  con- 
structed, and  <-he  Assessor  shall  then  assess  the  whole  amount 
of  such  expense,  including  that  of  advertisement  and  all  ex- 
penses incident  to  the  work,  upon  the  several  lots  or  pieces  c 


l84  ORDINANCES. 

land,  and  the  owners  thereof,  in  proportion  to  the  number  of 
front  feet  of  each  lot  in  front  of  which  said  sidewalk  shall  have 
been  laid;  and  the  amount  so  proportioned  to  each  lot  and 
owner  thereof  shall  constitute  a  special  tax  against  such  lot 
and  owner,  and  the  same  with  all  interest,  penalties,  and  costs 
accruing  thereon,  shall  be  a  lien  upon  the  lot  until  paid. 

Sec.  7.  Temporary  sidewalks  shall  not  be  less  than  four 
feet  wide,  constructed  of  plank  not  less  than  two  inches  thick 
resting  on  sleepers  not  less  than  four  inches  thick,  and  may 
be  laid  either  at  right  angles  to  or  parallel  with  the  streets. 

Sec.  8.  The  City  Council  may  at  any  time,  order  and  di- 
rect the  owner  or  owners  of  any  lot  or  piece  of  ground,  along 
which  a  permanent  sidewalk  has  not  been  laid,  whether  the 
street  on  which  the  same  abuts  has  been  brought  to  grade  or 
not,  to  lay  down  a  temporary  sidewalk. 

Sec.  9.  If  any  such  owner  shall  fail  to  construct  said  tem- 
porary sidewalk,  when  ordered  by  the  Council,  or  to  repair 
such  sidewalk,  whether  permanent  or  temporary,  within 
ten  days  after  notice  to  such  owner,  or  the  agent  there- 
of, given  by  the  City  Marshal,  or  if  such  cannot  be  found,  then 
by  posting  the  notice  on  said  lot  or  lots,  and  after  the  return 
thereof  to  the  City  Council  by  the  Marshal,  the  Council  may 
direct  the  construction  or  repair  of  any  such  sidewalks  at  the 
expense  of  the  City  \  provided,  that  the  expense  of  construct- 
ing or  repairing  temporary  sidewalks  shall  not  exceed  forty 
cents  per  linear  foot.  Said  expenses  shall  be  reported  to  the 
City  Council,  and  shall  be  paid  out  of  the  general  road  fund, 
and  the  amount  thereof  shall  be  levied  as  a  tax  against  said 
lot  or  lots  and  reported  to  the  City  Assessor,  who  shall  as- 
sess the  same  against  the  owner  of  said  lot  or  lots  according 
to  the  number  of  front  feet  of  each  lot,  and  said  assess- 
ment with  all  interest,  penalties  and  costs  accruing  thereon 
shall  be  a  lien  upon  the  lots  so  assessed  from  the  time  such 
assessment  is  made. 

Sec,  10.  It  shall  be  the  duty  of  every  owner  of  a  lot  or  piece 
of  ground,  fronting  on  any  street,  to  keep  and  maintain  in  re- 
pair the  sidewalk,  whether  permanent  or  temporary,  which  is 
or  shall  be  laid  along  said  street  in  front  of  said  lot  or  piece 
of  ground. 

Sec.  II.  All  the  assessments  hereinbefore  provided  for. 
whether  for  constructing  or  repairing  permanent  or  tempora- 
ry sidewalks,  shall  be  returned,  when  made,  to  the  City  Re- 
corder,  who    shall    thereupon    make  out   bills   of  receipt  for 


STREETS  AND  ALLEYS. 


I8S 


the  amount  of  said  assessment  against  the  owners  of  the  lots 
so  charged,  and  shall  deliver  the  same  to  the  Marshal  for  col- 
lection. It  shall  be  the  duty  of  the  Marshal  forthwith  to  de- 
mand and  collect  the  same,  adding  to  the  amount  of  said  bills 
five  per  cent,  for  his  fees,  and  make  return  of  money  collected 
to  the  City  Treasurer,  and  to  return  the  bills  uncollected  to 
the  City  Recorder  within  twenty  days  from  the  time  he  first 
received  them,  accompanied  by  a  certificate  to  the  effect  that 
he  has  presented  the  said  bill  to  the  person  or  persons  charged 
or  to  his  or  their  legal  agents,  and  demanded  payment  thereof 
and  that  such  payment  has  not  been  made,  or  that  such  own- 
er or  agent  could  not  be  found  so  as  to  present  the  bill  to 
them.  And  all  such  assessments  so  uncollected  shall  then  be 
placed  on  the  City  tax  list,  with  a  penalty  of  twenty  per  cent, 
added  thereto,  and  shall  be  returned  and  collected  as  other 
special  taxes  with  like  interest  and  costs. 

24 


APPENDIX 


MISCELLANEOUS  PROVISIONS  OF  THE  CODE  OF 
APPLICABLE  TO  CITIES  ACTING  UNDER 
SPECIAL  CHARTERS. 


873 


PART  OF  CHAPTER  10  OF  TITLE  4,  OF  THE  CODE, 
CONFERRING  CERTAIN  POWERS,  AND  IMPOS- 
ING CERTAIN  DUTIES  ON  CITIES  ACTING  UN- 
DER SPECIAL  CHARTERS. 


1.  Council  have  power  to  grade  and  repair 
streets  and  alleys;  construct  sewers.  No 
street  to  be  graded  except  by  affirmative  vote 
of  two-thirds  of  tbe  Council.    (Code  465.) 

2.  To  construct  sidewalks,  or  improve  al- 
leys or  highways.  Levy  tax  on  adjacent 
property  to  pay  for  such  improvements. 
(Code  466.) 

3.  Repairing  permanent  sidewalks,  and  ex- 
pense of  same.     (Code  467.) 

4.  Laying  temporary  sidewalks  and  costs 
ot  same.    (Code  468.) 

5.  Changing  erade  of  streets  after  im- 
provements are  made.  iDamages  allowed, 
and  manner  of  assessing.  Appeal,  how  and 
when  taken.    (Code  469.) 

6.  Purchasing  or  condemning  lands  for 
public  purposes ;  power  to  improve  and  con- 
trol the  same.    (Code  470.) 

7.  Water  Works.  Power  to  erect.  (Code 
471.) 

8.  Extent  of  jurisdiction  &c.    (Code  472.) 


9.  May  grant  to  individuals  and  corpora- 
tions right  to  build  works.  Terms  of  fran- 
chise. Water  rates,  how  agreed  upon. 
(Code  473.) 

10.  May  condemn  private  property.  (Code 
474.) 

11.  May  assess  water  rates  and  levy  a  spe- 
cial tax.     (Code  475.) 

12.  Manner  of  condemning  private  proper- 
ty for  public  use;  under  this  chapter  applica- 
tion to  be  made  to  the  Circuit  Court,  &c- 
(Code  476.) 

13.  Damages  to  be  paid  or  deposited.  Pos- 
session, when  to  be  taken.  Costs,  how  paid. 
Delays  how  avoided.    (Code  477.) 

14.  Charges  on  lots,  how  assessed  and  en- 
forced.   May  be  by  suit .     (Code  478.) 

15.  Court  trying  cause  to  disregard  infor- 
malities. Interest  and  penalty  allowed  in 
certain  cases.  The  foregoing  sections  made 
applicable  to  special  charters.    (Code  479.) 


Section  i.  They  shall  have  power  to  provide  for  the  grad- 
ing and  repairs  of  any  street,  avenue  or  alley,  and  the  construc- 
tion of  sewers,  and  shall  defray  the  expenses  of  the  same  out 
of  the  general  funds  of  such  City  or  Town,  but  no  street  shall 
be  graded  except  the  same  be  ordered  to  be  done  by  the  af- 
firmative vote  of  two-thirds  of  the  City  Council  or  Trustees.* 

*As  to  improvement  of  alleys  see  chapter  51,  Laws  1874,  post   section  12,  chapter  116  of 
Acts  of  1876. 


STATUTES   CONCERNING   CITIES.  I87 

Sec.  2.  They  shall  have  power  to  construct  sidewalks,  to 
curb,  pave,  gravel,  macadamize  and  gutter  any  highway  or  al- 
ley therein,  and  to  levy  a  special  tax  on  the  lots  and  parcels 
of  land  fronting  on  such  highway  or  alley  to  pay  the  expense 
of  such  improvement.  But  unless  a  majority  of  the  resident 
owners  of  the  property  subject  to  assessment  for  such  im- 
provement petition  the  Council  or  Trustees  to  make  the  same 
such  improvements  shall  not  be  made  until  three-fourths  of 
all  the  members  of  such  Council  or  Trustees  shall,  by  vote, 
assent  to  the  making  of  the  same. 

Sec.  3.  They  shall  have  power  to  repair  permanent  side- 
walks, and  to  assess  the  expense  thereof  on  the  property 
in  front  of  which  such  repairs  are  made. 

Sec.  4.  They  shall  have  power  to  provide  for  the  laying  of 
temporary  plank  sidewalks  upon  the  natural  surface  of  the 
ground,  without  regard  to  grade,  on  streets  not  permanently 
improved,  at  a  cost  not  exceeding  forty  cents  a  lineal  foot, 
and  to  provide  for  the  assessment  of  the  cost  thereof  on  the 
property  in  front  of  which  the  same  shall  be  laid. 

Sec.  5.  When  any  City  or  town  shall  have  established  the 
grade  of  .any  street  or  alley,  and  any  person  shall  have  built 
or  made  any  improvements  on  such  street  or  alley  according 
to  the  established  grade  thereof,  and  such  City  or  Town  shall 
alter  said  established  grade  in  such  manner  as  to  injure  or  di- 
minish the  value  of  said  property,  said  City  or  Town  shall  pay 
to  the  owner  or  owners  of  said  property  so  injured  the  amount 
of  such  damage  or  injury,  which  shall  be  assessed  by  three 
persons,  one  of  whom  shall  be  appointed  by  the  Mayor  of  such 
City  or  Town,  one  by  the  owner  of  the  property,  and  one  by 
the  two  so  appointed,  or  in  case  of  their  disagreement,  by 
Mayor  and  owner,  or  in  case  of  their  disagreement,  by  the 
City  Council  or  Town  Trustees.  If  the  owner  of  such  proper- 
ty shall  fail  to  appoint  one  such  appraiser  in  ten  days  from  the 
time  of  receiving  notice  so  to  do,  then  the  City  Council  or 
Town  Trustees  shall  appoint  all  such  appraisers  and  no  such 
alteration  of  grade  shall  be  made  until  said  damages  so  as- 
sessed shall  have  been  paid  or  tendered  to  the  owner  of  the 
property  so  injured  or  damaged.  The  appraisers  shall  be 
sworn  to  faithfully  execute  their  duties  according  to  the  best 
of  their  ability.  Before  entering  upon  their  duties,  they  shall 
give  notice  by  publication  for  three  weeks  in  one  or  more 
newspapers  printed  in  such  City,  of  the  time  and  place  of 
their  meeting  for  the  purpose  of  viewing  the  premises  and 
making  their  assessment.  They  shall  view  the  premises,  and, 
in  their  discretion,  receive  any  legal  evidence  and  may  ad- 
journ from  day  to  day.     When  the  appraisement  shall  be  com- 


IK  journ  m 


l88  APPENDIX. 

pleted,  the  appraisers  shall  sign  and  return  the  same  to  the 
City  Council  or  Town  Trustees  within  thirty  days  of  their  ap- 
pointment. The  City  Council,  or  Town  Trustees  shall  have 
power,  in  their  discretion,  to  conform  or  annul  the  appraise- 
ment, and  if  annulled,  all  the  proceedings  shall  be  void,  but  if 
confirmed,  an  order  of  the  confirmation  shall  be  entered.  Any 
person  interested  may  appeal  from  the  order  of  confirmation 
to  the  Circuit  Court  of  the  County  in  which  such  City  or  Town 
is  situated,  by  notice  in  writing  to  the  Mayor  at  any  time  be- 
fore the  expiration  of  twenty  days  after  the  entering  the  or- 
der of  confirmation.  Upon  the  trial  of  the  appeal,  all  ques- 
tions involved  in  the  proceedings,  including  the  amount  of 
damages,  shall  be  open  to  investigation,  and  the  burden  of 
proof  shall,  in  all  cases,  be  upon  the  City  or  Town  to  show 
that  the  proceedings  are  in  conformity  with  this  section.  The 
cost  of  any  proceedings  incurred  prior  to  the  order  of  such 
City  Council  or  Board  of  Trustees  confirming  or  annulling  the 
appraisement,  shall  in  all  cases  be  paid  by  such  City  or  Town. 

Sec.  6.  They  shall  have  power  to  purchase  or  condemn, 
and  pay  for,  out  of  the  general  fund,  and  enter  upon  and  take 
any  lands  within  or  without  the  territorial  limits  of  such  City 
or  Town  for  the  use  of  public  squares,  streets,  parks,  commons, 
cemeteries,  hospital  grounds,  or  any  other  proper  and  legiti- 
mate municipal  use,  and  to  enclose,  ornament  and  improve 
the  same.  They  shall  have  entire  control  of  the  same,  and 
shall  have  power,  in  case  such  lands  are  deemed  unsuitable  or 
insufficient  for  the  purpose  for  which  they  were  originally 
granted,  to  dispose  of  and  convey  the  same  ;  and  conveyances 
executed  in  accordance  with  this  chapter  shall  be  held  to  ex- 
tinguish all  rights  and  claims  of  any  such  Town  or  City  to 
such  lands  existing  prior  to  such  conveyance.  But  when 
such  lands  are  so  disposed  of  and  conveyed,  enough  thereof 
shall  be  reserved  for  streets  to  accommodate  adjoining  prop- 
erty owners. 

Sec,  7.  They  shall  have  power  to  erect  water  works,  or  to 
authorize  the  erection  of  the  same;  but  no  such  works  shall 
be  erected  or  authorized  until  a  majority  of  the  voters  of  the 
City  or  Town  at  a  general  or  special  election,  or  four-fifths  of 
the  members  of  the  Council  or  Board  of  Trustees  thereof,  by 
vote,  approve  the  same. 

Sec.  8.  They  shall  have  power  to  construct  or  authorize 
the  construction  of  such  works  without  their  limits,  and  for 
the  purpose  of  maintaining  and  protecting  the  same  from  in- 
jury, and  the  water  from  pollution,  their  jurisdiction  shall  ex- 
tend over  the  territory  occupied  by  such  works,  and  all  reser- 
voirs, streams,  trenches,  pipes  and  drains,  used  in,  and  neces- 


STATUTES   CONCERNING   CITIES.  189 

sary  for  the  construction,  maintenance  and  operation  of  the 
same,  and  over  the  stream  or  source  from  which  the  water  is 
taken  for  five  miles  above  the  point  from  which  it  is  taken  ; 
and  to  enact  all  ordinances  and  regulations  necessary  to  carry, 
the  power  herein  conferred  into  effect. 

Sec.  9.  When  the  right  to  build  and  operate  such  works  is 
granted  to  private  individuals  or  incorporated  companies  by 
said  Cities  and  Towns,  they  may  make  such  grant  to  inure 
for  a  term  of  not  more  than  twenty-five  years,  and  authorize 
such  inviduals  or  company  to  charge  and  collect  from  each 
person  supplied  by  them  with  water,  such  water  rent  as  may 
be  agreed  upon  between  said  person  or  corporation  so  build- 
ing said  works  and  said  City  or  Town  ;  and  such  Cities  or 
Towns  are  authorized  and  empowered  to  enter  into  a  contract 
with  the  individual  or  company  constructing  said  works,  to 
supply  said  City  or  Town  with  water  for  fire  purposes,  and 
for  such  other  purposes  as  may  be  necessary  for  the  health 
and  safety  thereof,  and  to  pay  therefor  such  sum  or  sums  as 
may  be  agreed  upon  between  said  contracting  parties. 

Sec.  10.  Said  Cities  or  Towns  are  hereby  authorized  to  con- 
demn and  appropriate  so  much  private  property  as  shall  be 
necessary  for  the  construction  and  operation  of  said  water 
works  ;  and  when  they  shall  authorize  the  construction  and 
operation  thereof  by  individuals  or  corporations,  they  may 
confer  by  ordinance,  upon  such  person  or  corporation  the  said 
power  to  take  and  appropriate  private  property  for  said  pur- 
pose. 

Sec.  II.  All  Cities  and  incorporated  Towns  constructing 
such  works,  are  authorized  to  assess  from  time  to  time,  in  such 
manner  as  they  shall  deem  equitable,  upon  each  tenement  or 
other  place  supplied  with  water,  such  water  rents  as  may  be 
agreed  upon;  and  at  the  regular  time  of  levying  taxes  in  each 
year,  said  City  or  Town  is  hereby  empowered  to  levy  and 
cause  to  be  collected,  in  addition  to  the  taxes  now  authorized 
to  be  levied,  a  special  tax  on  taxable  property  in  said  City  or 
Town,  which  tax,  with  the  water  rents  hereby  authorized, 
shall  be  sufficient  to  pay  the  expenses  of  running  and  operat- 
ing such  works,  and  if  the  right  to  build,  maintain  and  operate 
such  works  is  granted  to  private  individuals  or  incorporated 
companies  by  such  Cities  or  Towns,  and  said  Cities  or  Towns 
shall  contract  with  said  individuals  or  companies  for  a  supply 
of  water  for  any  purpose,  such  City  or  Town  shall  levy  each 
year,  and  cause  to  be  collected,  a  special  tax  as  provided  for 
above,  sufficient  to  pay  off  such  water  rents  so  agreed  to  be 
paid  to  said  individual  or  company  constructing  said  works  ; 
provided,  however,  that  said  tax  shall  not  exceed  the  sum  of 


190  APPENDIX. 

five  mills  on  the  dollar  for  any  one  year,  nor  shall  the  same 
be  levied  upon  the  taxable  property  of  said  City  or  Town 
which  lies  wholly  without  the  limits  of  the  benefit  or  protec- 
tion of  such  works,  which  limit  shall  be  fixed  by  the  City 
Council  or  Board  of  Trustees  each  year  before  making  such 
levy. 

Sec.  12.  When  it  shall  be  deemed  necessary  by  any  such 
corporation  to  enter  upon  or  take  private  property  for  any  of 
the  above  uses,  an  application  in  writing  shall  be  made  to  the 
Circuit  Court,  which  application  shall  describe  as  nearly  as 
may  be,  the  property  to  be  taken,  the  object  proposed,  and 
the  owners  of  the  property  and  of  each  lot  or  parcel  thereof 
known,  and  notice  of  the  filing  thereof  shall  be  given  as  is  re- 
quired to  commence  a  civil  action  in  said  Court.  After  such 
notice  shall  have  been  given  the  Court  shall  proceed  to  deter- 
mine the  compensation  to  be  paid  for  the  taking  of  such  prop- 
erty, and  for  that  purpose  shall  empanel  a  jury,  and  the  mode 
of  proceedure  therein  shall  be  the  same,  so.  far  as  applicable, 
as  in  action  by  ordinary  proceedings.  The  assessment  shall 
be  made  so  that  the  amount  payable  to  each  owner  may  be 
ascertained  either  by  allotting  it  to  each  owner  by  name  or 
on  each  lot  or  parcel  of  land,  and  the  inquiry  and  assessment 
shall  in  other  respects  be  made  by  the  jurors  under  such  in- 
structions as  shall  be  given  by  the  Court.  The  jurors  shall  be 
sworn  to  make  the  whole  inquiry  and  assessment,  but  may  be 
allowed  to  return  a  verdict  as  to  part  and  be  discharged  as  to 
the  rest  in  the  discretion  of  the  Court,  and  in  case  they  shall 
be  discharged  from  rendering  a  verdict  in  whole  or  in  part, 
another  jury  may  be  empaneled  at  the  earliest  convenient 
time,  which  shall  make  the  whole  inquiry  and  assessment,  or 
the  part  not  made  as  the  case  may  be. 

Sec.  13.  When  the  amount  of  compensation  due  to  any  of 
the  owners  of  property  to  be  taken  shall  be  ascertained,  the 
Court  shall  make  such  order  as  to  its  payment  or  deposit  as 
may  be  deemed  just  and  proper,  and  may  require  adverse 
claimants  to  any  part  of  money  or  property  to  interplead,  so 
as  to  fully  settle  their  rights  and  interests,  and  may  di- 
rect the  time  and  manner  in  which  possession  of  the  property 
shall  be  taken  or  delivered,  and  may,  if  necessary,  enforce  an 
order  giving  possession.  But  none  of  the  property  shall  be 
actually  taken  or  occupied  until  the  compensation  thus  ascer- 
tained shall  have  been  paid  or  secured  to  be  paid.  The  costs 
occasioned  by  the  inquiry  and  assessment  shall  be  paid  by  the 
corporation,  and  as  to  the  other  costs  which  may  arise,  they 
shall  be  charged  or  taxed  as  the  Court  in  its  discretion  may 
direct  ;  no  delay  in  making  an  assessment  of  compensation, 
or  in  taking  possession,  shall    be    occasioned   by   any   doubt 


STATUTES   CONCERNING   CITIES.  I9I 

which  may  arise  as  to  the  ownership  of  the  property  or  any 
part  thereof,  or  as  to  the  interest  of  the  respective  owners  ; 
but  in  such  cases  the  Court  shall  require  the  deposit  of  the  mo- 
ney allowed  as  compensation  for  the  whole  of  the  property,  or 
the  part  in  dispute;  and  in  all  cases  as  soon  as  the  corporation 
shall  have  paid  the  compensation  assessed;  or  secured  its  pay- 
ment by  a  deposit  of  money  under  the  order  of  the  Court, 
possession  of  the  property  may  be  taken  and  the  public  work 
or  improvement  progress. 

Sec  14.  Each  municipal  corporation  may,  by  a  general  or- 
dinance, prescribe  the  mode  in  which  the  charge  on  the  re- 
spective owners  of  lots  or  lands,  and  on  the  lots  or  lands, 
shall  be  assessed  and  determined  for  the  purposes  authorized 
by  this  chapter;  such  charge  when  assessed,  shall  be  payable 
by  the  owner  or  owners  at  the  time  of  the  assessment  person- 
ally, and  shall  also  be  a  lien  upon  the  respective  lots  or  par- 
cels of  land  from  the  time  of  the  assessment.  Such  charge 
may  be  collected  and  such  lien  enforced  by  a  proceeding  in 
law  or  equity,  either  in  the  name  of  such  corporation,  or  of 
any  person  to  whom  it  shall  have  directed  payment  to  be 
made.  In  any  such  proceedings,  where  pleadings  are  re- 
quired, it  shall  be  sufficient  to  declare  generally  for  work  and 
labor  done  and  materials  furnished  on  the  particular  street, 
alley  or  highway.  Proceedings  may  be  instituted  against  all 
the  owners  or  any  of  them,  to  enforce  the  lien  against  all  the 
lots  or  land,  or  each  lot  or  parcel,  or  any  number  of  them  em- 
braced in  any  one  assessment,  but  the  judgment  or  decree 
shall  be  rendered  separately  for  the  amount  properly  charge- 
able to  each.  Any  proceedings  may  be  severed  in  the  dis- 
cretion of  the  Court  for  the  purpose  of  trial,  review  or  appeal. 

Sec.  15.  In  any  such  proceeding,  where  the  Court  trying 
the  same  shall  be  satisfied  that  the  work  has  been  done,  or 
materials  furnished  which,  according  to  the  true  intent  of  the 
act,  would  be  properly  chargeable  upon  the  lot  or  land  through 
or  by  which  the  street,  alley  or  hfghway  improved,  repaired 
or  lighted  may  pass,  a  recovery  shall  be  permitted,  or  a  charge 
enforced,  to  the  extent  of  the  proper  proportion  of  the  value 
of  the  work  or  materials  which  would  be  chargeable  on  such 
lot  or  land,  notwithstanding  any  informality,  irregularity  or 
defect  in  any  such  municipal  corporation  or  any  of  its  officers. 
But  in  such  case  the  Court  may  adjudge  as  to  costs  as  may  be 
deemed  proper,  and  in  cases  where  an  assessment  ,shall  have 
been  regularly  made,  and  payment  shall  have  been  neglected 
or  refused  at  the  time  when  the  same  was  required,  any  mu- 
nicipal corporation  may  be  entitled  to  demand  and  recover 
in  addition  to  the  amount  assessed  and  interest  thereon  at 
ten  per  cent,  from  the  time  of  the  assessment,  five  per  cent. 


192 


APPENDIX. 


to  defray  the  expenses  of  collection,  which  shall  be  included 
in  any  judgment  or  decree  which  may  be  rendered.  The  pro- 
visions and  powers  conferred  in  this  chapter  from  section 
four  hundred  and  sixty-five  to  section  four  hundred  and  sev- 
enty-nine, inclusive,  shall  apply  to  Cities  acting  under  special 
charters. 


PART  OF  CHAPTER  10,  OF  TITLE 
DIRECTING  THE  MANNER  OF 
CIAL  CHARTERS. 


4,  OF  THE  CODE, 
AMENDING   SPE- 


1.  On  petition  of  one-tburtii  of  the  electors 
of  a  City  governed  by  a  special  charter,  ask- 
ing an  amendment  to  such  charter  such 
amendment  must  be  submitted  at  next  char- 
ter election.  Maj'^or  to  issue  proclamation. 
Form  of  the  ballots.    Code  548. 

2.  Amendment  carried  if  majority  vote  in 
favor  of  it.    Code  549. 


3.  Amendment  may  be  submitted  at  spe- 
cial election  on  petition  of  one-half  of  the 
electors.    Code  550. 

4.  Prior  laws  repealed  so  far  as  Cities  un- 
der general  incorporation  laws  are  con- 
cerned, but  Cities  acting  under  special 
charter  not  affected  thereby.    Code  551. 


Section  i.  On  the  presentation  of  a  petition  signed  by  one- 
fourth  of  the  electors,  as  shown  by  the  vote  at  the  next  pre- 
ceding charter  election  of  any  City  or  Town  acting  under  a 
special  charter  or  act  of  incorporation,  to  the  governing  body 
thereof,  asking  that  the  question  of  amendment  of  such  spe- 
special  charter  or  act  of  incorporation  be  submitted  to  the 
electors  of  such  City  or  Town,  such  governing  body  shall  im- 
mediately propose  sections  amendatory  of  said  charter  or  act 
of  incorporation,  and  submit  the  same  as  requested,  at  the 
first  ensuing  charter  election.  At  least  ten  days  before  such 
election  the  Mayor  of  such  City  or  Town  shall  issue  his  proc- 
lamation setting  forth  the  nature  and  character  of  such  amend- 
ment, and  shall  cause  the  same  to  be  published  in  a  newspa- 
per published  therein;  or  if  there  be  none,  he  shall  cause  the 
same  to  be  posted  in  five  public  places  in  such  City  or  Town. 
On  the  day  specified  the  amendment  shall  be  submitted  to 
the  electors  thereof  for  adoption  or  rejection,  and  the  form  of 
the  ballots  shall  be  "  for  the  amendment,  "  or  '*  against  the 
amendment.  " 

Sec.  2.  If  a  majority  of  the  votes  cast  is  in  favor  of  said 
amendment,  the  Mayor  or  chief  officer  shall  issue  his  procla- 
mation accordingly  ;  and  the  said  amendment  shall  thereafter 
constitute  a  part  of  said  charter. 

Sec.  3.  The  legislative  body  of  said  City  or  Town,  may  sub- 
mit any  amendment  to  the  vote  of  the  people  as  aforesaid  at 
any    special    election  ;  provided^   one-half  of  the  electors  as 


I 


STATUTES   CONCERNING   CITIES.  193 

aforesaid  petition  for  that  purpose  and  the   proceedings   shall 
be  the  same  as  at  the  general  election. 

Sec  4.  All  acts  and  parts  of  acts  passed  subsequent  to  the 
fourth  day  of  July,  A.  D.  1858,  and  prior  to  the  taking  effect 
of  this  Code,  relating  to  cities  of  the  first  and  second  class, 
and  incorporated  towns  or  to  any  or  either  of  said  classes  of 
municipal  corporations  as  are  acting  under  special  charter, 
and  to  such  as  are  incorporated  under  the  general  act  of  which 
this  chapter  is  an  amendment,  are  repealed  by  the  Code  only 
so  far  as  they  affect  the  latter,  and  not  as  they  affect  corpora- 
tions under  special  charters.  All  rights,  powers,  privileges, 
duties,  directions  and  provisions  whatever  contained  in  and 
enacted  by  such  acts  and  parts  of  acts,  shall  remain  ;in  full 
force  and  effect  so  far  as  municipal  corporations  acting  under 
special  charters  are  concerned,  and  the  provisions  of  this 
chapter  shall  not  apply  to  any  city  or  town  incorporated 
prior  to  the  eighteenth  day  of  July,  A.  D.  1858,  unless  the 
same  be  adopted  as  hereinbefore  provided. 


PART  OF  CHAPTER  10,  OF  TITLE  4,  OF  THE  CODE 
ENABLING  CITIES  UNDER  SPECIAL  CHARTERS 
TO  ABANDON  THE  SAME  AND  ORGANIZE  UN- 
DER THE  GENERAL  INCORPORATION  LAW. 


I 
I 


on  the  ballots.    How  election  shall  be  con 
ducted.    Result.    Code  437. 

5.  If  result  be  in  j  favor  of  abandonment, 
Council  to  call  a  special  election  for  election 
of  officers.  If  result  be  opposed  to  abandon- 
ment one  year  must  elapse  beloie  it  can  be 
resubmitted.    Code  438. 

6.  Vested  rights  not  affected.    Code  439. 


1.  Cities  may  abandon  special  charters 
and  organize  under  provisions  of  chapter  10 
on  general  incorporation  of  Cities  and 
Towns.     Code  434. 

2.  On  petition  of  fifty  legal  voters,  elec- 
tion to  be  so  ordered.     Code  435. 

3.  Proclamation  of  Mayor  giving  notice. of 
time  and  places  of  election.    Code  436. 

4.  Manner  of  voting.    What  words  to  be 

Section  i.  Any  city  or  town  incorporated  by  special  char- 
ter or  in  any  other  manner  than  that  provided  by  this  chapter, 
may  abandon  its  charter  and  organize  itself  under  the  provis- 
ions of  this  chapter  with  the  same  territorial  limits,  by  pursu- 
ing the  course  hereinafter  prescribed. 

Sec.  2.  Upon  the  petition  of  fifty  legal  voters  in  any  such 
city  or  town  to  the  council  or  trustees  thereof,  praying  that 
the  question  of  abandoning  its  charter  be  submitted  to  the  le- 
gal voters,  the  Council  or  Trustees  shall  immediately  direct  a 
special  election  to  be  held,  at  which  such  question  shall  be 
decided,  specifying  at  the  same  time,  the  time  and  place  of 
holding  the  same  and  appointing  the  judges  and  clerks  of  the 
election. 


194  APPENDIX. 

Sec.  3.  The  Mayor,  or  in  case  there  is  no  Mayor,  the  Pres- 
ident of  the  Council  or  Board  of  Trustees,  shall  at  once  issue 
a  proclamation  giving  notice  of  such  election,  of  the  question 
submitted  to  the  electors,  and  of  the  time  and  place  of  hold- 
ing the  election  ;  which  proclamation  shall  be  published  for 
four  consecutive  weeks  in  some  newspaper  published  in  such 
city  or  town  ;  and  if  there  is  none  published  therein,  then 
such  proclamation  shall  be  published  by  posting  a  copy  there- 
of in  five  public  places  within  the  corporate  limits  of  such 
city  or  town,  one  of  which  shall  be  on  the  door  of  the  May- 
or's office. 

Sec.  4.  At  such  election,  those  who  desire  to  vote  in  favor 
of  the  abandonment  of  the  charter  shall  deposit  a  ballot  with 
the  words  **  in  favor  of  abandonment;  "  those  desiring  to  vote 
against  the  abandonment  shall  deposit  a  ballot  with  the  words 
"against  abandonment.  "  The  election  shall  be  conducted  in 
other  respects  as  elections  for  city  officers  are  conducted  un- 
der the  charter.  The  abstract  of  votes  shall  be  returned  to 
the  City  Council  or  Board  of  Trustees,  who  shall  canvass  the 
same  and  declare  the  result,  which  shall  be  entered  on  the 
journal. 

Sec.  5.  If  a  majority  of  the  votes  cast  at  such  election  be  in 
favor  of  the  abandonment  of  the  charter,  the  Council  or  Trus- 
tees shall  immediately  call  a  special  election  for  the  election 
of  officers  for  such  corporation  according  to  its  class  as  de- 
fined by  this  chapter  ;  and  from  and  after  the  election  and 
qualification  of  such  officers  the  former  charter  of  such  city  or 
town  shall  be  considered  as  abandoned,  and  such  city  or 
town  shall  be  considered  as  organized,  and  shall  have  all  the 
rights  and  be  subject  to  all  the  liabilities  of  the  class  to  which 
it  belongs,  but  the  ofificers  so  elected  shall  hold  their  offices 
only  until  the  next  annual  municipal  election  in  such  city  or 
town.  If  a  majority  of  the  votes  be  against  abandonment, 
that  question  cannot  again  be  submitted  until  the  expiration 
of  one  year  from  the  time  of  such  election. 

Sec.  6.  All  rights  and  property  of  every  description  which 
were  vested  in  any  municipal  corporation  under  its  former  or- 
ganization, shall  be  deemed  and  held  to  be  vested  in  the  same 
municipal  corporation  under  the  organization  hefrein  contem- 
plated ;  and  no  right  or  liability,  either  in  favor  of  or  against 
such  corporation  existing  at  the  time,  and  no  suit  or  prosecu- 
tion of  any  kind,  shall  be  affected  by  such  a  change  ;  provided 
that  when  a  different  remedy  is  given  by  this  chapter  which 
can  properly  be  made  applicable  to  any  right  existing  at  the 
time  such  change  is  made,  the  same  shall  be  deemed  cumula- 
tive to  the  remedies  before  provided  and  may  be  used  accord- 
ingly. 


STATUTES   CONCERNING   CITIES. 


195 


CHAPTER  II.  OF  TITLE  4,  OF  THE  CODE,  OF  GEN- 
ERAL REGULATIONS  AFFECTING  COUNTIES, 
TOWNS,  AND  CITIES. 


1.  Public  money  not  to  be  given  to  any  in- 
stitution or  object  under  ecclesiastical  or 
eectarian  control.     Code  552. 

2.  Cannot  take  stock  in  banks  or  rail- 
ways.    Code  553. 

3.  Bonds  voidt*.     Code  554. 


4.  Recovery  on  coupons,   no    bar    in  any 
other  action.     Code  555. 

5.  Officers  cannot  purchase  warrants  at  dis- 
count.    Code  556. 

6.  Duty  of  Treasurer.    Code  557. 

7.  Penalty  for  violation.    Code  558. 


Section  i.  Public  money  shall  not  be  appropriated,  given, 
or  loaned  by  the  corporate  authorities.  Supervisors  or  Trus- 
tees of  any  county,  township,  city  or  town  or  municipal 
organization  of  this  State  to  or  in  favor  of  any  institution, 
school,  association  or  object  which  is  under  ecclesiastical  or 
sectarian  management  or  control. 

Sec.  2.  No  county,  city  or  incorporated  town  in  this 
State,  shall,  in  their  corporate  capacity,  or  by  their  officers, 
directly  or  indirectly  subscribe  for  stock  or  become  interested 
as  a  partner,  shareholder  or  otherwise  in  any  banking  institu- 
tion, whether  the  same  be  a  bank  of  deposit,  issue  or  ex- 
change, nor  in  any  plank  road,  turnpike  or  railway  or  in  any 
other  work  of  internal  improvement  ;  nor  shall  they  be  al- 
lowed to  issue  any  bonds,  bills  of  credit,  scrip,  or  other  evi- 
dences of  indebtedness  for  any  such  purposes — all  such  evi- 
dences of  indebtedness  for  such  purposes  being  hereby  de- 
clared absolutely  void  ;  provided  nevertheless,  that  this  section 
shall  not  be  so  construed  as  to  prevent,  or  in  any  wise  to  em- 
barrass the  counties,  cities  or  towns  or  any  of  them  in  the 
erection  of  their  necessary  public  buildings,  bridges,  laying 
off  highways,  streets,  alleys  and  public  grounds  or  other  local 
works  in  which  said  counties,  cities  or  towns  may  respec- 
tively be  interested. 

Sec.  3.  All  bonds  or  other  evidences  of  debt,  hereafter  is- 
sued by  any  corporation  to  any  railway  company  as  capital 
stock  shall  be  null  and  void  and  no  assignment  of  the  same 
shall  give  them  any  validity. 

Sec.  4.  In  all  actions  now  pending  or  hereafter  brought  in 
any  court  in  this  State  on  any  bond  or  coupon  issued,  or  pur- 
porting to  be  issued  by  any  county,  city  or  incorporated 
town  for  railway  purposes,  a  former  recovery  against  such  cor- 
poration on  any  one  or  more,  or  any  part  of  such  bonds  or 
coupons,  shall  not  bar  or  estop  any  defense  such  corporation 
has  made  or  can  make  to  such  bonds  or  coupons  in  the  action 
in  which  such  former  recovery  was  had ;  but  the  corporation 
sought  to  be  charged  in  any  such  action  now  pending  or  here- 
after brought,  may  allege  and  prove  any  matter  of  defense  in 


196  APPENDIX. 

such  action  to  the  same  extent,  and  with  the  same  effect  as 
though  no  former  action  had  been  brought  or  former  recovery 
had. 

Sec.  5.  No  officer  of  any  county  or  other  municipal  corpo- 
ration, or  any  deputy  or  employe  of  such  officer,  shall  either 
directly  or  indirectly,  be  permitted  to  take,  purchase  or  re- 
ceive in  payment,  exchange  or  in  any  way  whatever,  any  war- 
rant, scrip  or  other  evidence  of  the  indebtedness  of  such  cor- 
poration, or  any  demand  against  the  same,  for  a  less  amount 
than  that  expressed  on  the  face  of  the  warrant,  scrip  or  other 
evidence  of  indebtedness  or  demand. 

Sec.  6.  The  treasurer  of  every  county,  or  other  municipal 
corporation  when  he  shall  receive  any  warrant,  scrip,  or  other 
evidence  of  indebtedness  of  such  corporation,  shall  endorse 
thereon  the  date  of  its  receipt,  from  whom  received  and  what 
amount. 

Sec.  7.  Any  officer  of  any  county  or  other  municipal  cor- 
poration or  any  deputy  or  employe  of  such  officer,  who  vio- 
lates any  of  the  provisions  of  this  chapter,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars  for  each  offense. 


5.  Officer  to  prevent  escape.    Code  4740. 

6.  Prisoners  to  be  credited    for  labor   on 
fines.    Code  4741. 

7.  Cruel     treatment     punished.        Code 
4742. 

8.  Duty  of  officer  in  charge.    Code  4743. 


PART  OF  CHAPTER  i  OF  TITLE  26,  OF  THE  CODE,  IN 
RELATION  TO  WORKING  PRISONERS  IN  THE 
COUNTY  JAIL. 

1.  Prisoners  in  jail  between  15  and  50,  un- 
der sentence,  may  be  required  to  labor. 
Code  4736. 

2.  Whereto  labor.    Code 4737. 

3.  Sheriff  may  superintend  work.  Code 
4738. 

4.  Marshal  to  superintend  work,  when. 
Code  4739. 

Section  i.  Any  able-bodied  male  person  over  the  age  of 
sixteen  years  and  not  over  the  age  of  fifty  years,  now  or  hereaf- 
ter confined  in  any  jail  in  this  state,  under  the  judgment  of 
any  court^of  record  or  of  any  other  tribunal  authorized  to 
imprison  for  the  violation  of  any  law,  ordinance,  by-lav/  or 
police  regulation,  may  be  required  to  labor  during  the  whole 
or  part  of  the  time  of  his  sentence  as  hereinafter  provided, 
and  such' court  or  other  tribunal,  when  passing  final  judgment 
of  imprisonment,  whether  for  non-payment  of  fine  or  other- 
wise, shall  have  the  power  to  determine  and  shall  determine 
whether  such  imprisonment  shall  be  at  hard  labor  or  not. 


STATUTES   CONCERNING   CITIES.  IQ/ 

Sec.  2.  Such  labor  may  be  on  the  streets  or  pubh'c  high- 
ways, on   or  about   pubHc    buildings  or   grounds  or   at    such 
other  places  in  the  county  where  confined,  and  during  such 
reasonable  time  of  the  day  as  the  person  having  charge  of  the- 
prisoners  may  direct,  and  not  exceeding  eight  hours  per  day. 

Sec.  3.  In  case  the  sentence  be  for  violation  of  any  of  the 
statutes  of  the  State  the  sheriff  of  the  county  where  the  im- 
prisonment is  shall  superintend  the  performance  of  the  labor 
herein  contemplated,  and  shall  furnish  the  tools  and  materials 
if  necessary,  to  work  with,  at  the  expense  of  the  county  in 
which  said  convict  is  confined,  and  such  county  shall  be  enti- 
tled to  his  earnings. 

Sec.  4..  When  the  imprisonment  is  pursuant  to  the  judg- 
ment of  any  court,  police  court,  police  magistrate,  mayor  or 
other  tribunal  of  any  incorporated  city  or  town,  for  the  vio- 
lation of  any  ordinance,  by-law  or  other  regulation,  the  mar- 
shal shall  superintend  the  performance  of  the  labor  herein 
contemplated,  and  shall  furnish  the  tools  and  materials,  if 
necessary,  at  the  expense  of  the  city  or  town  requiring  the 
labor,  and  such  city  or  town  shall  be  entitled  to  the  earnings 
of  its  convicts. 

Sec.  5.  The  officer  having  charge  of  any  convicts  for  the 
purpose  specified  in  this  chapter  may  use  such  means  as,  and 
no  more  than  are  necessary  to  prevent  escape,  and  if  any  con- 
vict attempt  to  escape,  either  while  going  from  or  returning 
to  the  jail,  or  while  at  labor,  or  at  any  time,  or  if  he  refuse  to 
labor,  the  officer  having  him  in  charge  after  due  inquiry  may, 
to  secure  such  person  or  to  cause  such  person  to  labor,  use 
the  means  authorized  by  section  four  thousand  seven  hun- 
dred and  thirty-four  of  this  chapter;  provided,  such  punish- 
ment shall  be  inflicted  within  the  jail  or  jail  enclosure  for  re- 
fusal to  work  and  shall  not  be  considered  as  any  part  of  the 
time  for  which  the  prisoner  is  sentenced. 

Sec.  6.  For  every  day's  labor  performed  by  any  convict 
under  the  provisions  hereof,  there  shall  be  credited  on  any 
judgment  for  fine  and  costs  against  him,  the  sum  of  one  dol- 
lar and  fifty  cents  and  no  person  shall  be  entitled  to  the  ben- 
efits of  the  law  providing  for  the  liberation  of  poor  convicts  if 
in  the  opinion  of  the  sheriff,  the  judgment  maybe  satisfied  by 
the  labor  of  the  person  as  herein  authorized. 

Sec.  7.  If  any  officer  or  other  person  treat  any  prisoner  in 
a  cruel  or  inhuman  manner,  he  shall  be  punished  by  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  twelve  months,  or  by  both  such  fine 
and  imprisonment. 


198  APPENDIX. 

Sec.  8.  The  officer  having  such  prisoner  in  charge  shall 
protect  him  from  insult  and  annoyance  and  communication 
with  others  while  at  labor,  and  going  to  and  returning  from 
the  same,  and  he  may  use  such  means  as  are  necessary  and 
proper  therefor  ;  and  any  person  persisting  in  insulting,  an- 
noying or  communicating  with  any  prisoner,  after  being  com- 
manded by  such  officer  to  desist,  shall  be  punished  by  a  fine 
not  exceeding  ten  dollars,  or  by  imprisonment  not  exceeding 
three  days. 


PART  OF  CHAPTER  i,  OF  TITLE  14,  OF  THE  CODE, 
PROVIDING  FOR  THE  APPOINTMENT  AND  PRE- 
SCRIBING THE  DUTIES  OF  A  SEALER  OF 
WEIGHTS  AND  MEASURES  AND  WEIGHMAS- 
TERS  OF  PUBLIC  SCALES,  IN  ALL  INCORPORA- 
TED CITIES  AND  TOWNS. 


1.  Sealer  of  Weights  and  Measures  may  be 
appointed  by  the  Council.    Code  2059. 

2.  Duty  of  same.     Code  2060. 

3.  City  to  bear  expenses  incurred  in  fur- 
nishing standards,  &c.    Code  2)61. 

4.  Providing  for  delivery  of  standards  &c. 
To  be  delivered  to  his  successor  in  case  of 
his  death.    Code  2062. 

5.  Penalty  for  refusing  to  deliver  same  to 
such  successor.    Code  2063. 

6.  Penalty  for  refusing  weights  and  meas- 


ures that  do  not  conform  to  standard.    Code 
2064. 

7.  Oath;  definition  of  public  scales.  Code 
2065. 

8.  All  Weighmasters  are  required  to  make 
correct  weii^rhts,  keep  register  and  give  cer- 
tificate.   Code  2066. 

9.  Standard  for  weighing  stock  and  grain 
how  procured.     Code  2067. 

10.  Penalty  for  violation  of  any  of  the 
provisions  of  these  sections.     Code  2068. 


Section  i.  A  sealer  of  weights  and  measures  may  be  ap- 
pointed in  every  city  and  incorporated  town  by  the  town 
council  thereof,  and  shall  hold  his  office  during  their  pleasure, 
and  said  council  may  obtain  from  the  sealers  of  weights  and 
measures  of  their  respective  counties  such  standards  of 
weights  and  measures  as  they  may  deem  necessary  for  their 
respective  cities  or  incorporated  towns;  and  in  case  the  Board 
of  Supervisors  of  any  county  in  which  any  city  or  town  may 
be  situated  shall  not  have  obtained  such  standards,  then  said 
council  may  obtain  the  same  from  the  State  Superintendent 
of  weights  and  measures. 

Sec.  2.  Each  sealer  in  cities  and  incorporated  towns  shall 
take  charge  and  provide  for  the  safe  keeping  of  the  town  or 
city  standards  and  see  that  the  weights,  measures  and  all  ap- 
paratus used  for  determining  the  quantity  of  commodities 
used  throughout  the  town  or  city,  which  shall  be  brought  to 
him  for  that  purpose,  agree  with  those  standards  in  his  pos- 
session. 


STATUTES   CONCERNING   CITIES.  I99 

Sec.  3.  All    expenses  directly  incurred  in    furnishing   the 
several   counties,  cities   and    incorporated  towns  with  stand- 
ards, or  in  comparing  those  that  may  be  in  their  possession, 
shall  be  borne  by  the  respective  counties,  cities   and  incopor-, 
ated  towns  for  which  such  expenses  shall  have  been   incurred. 

Sec.  4.  In  case  of  the  death  of  any  such  sealer  of  weights 
and  measures,  his  representative  shall  in  like  manner  deliver 
to  his  successor  in  office  such  beams,  weights  and  measures. 

Sec.  5-  Iri  case  of  refusal  or  neglect  to  deliver  such  stand- 
ards entire  and  complete,  the  successor  in  office  may  main- 
tain an  action  against  the  person  or  persons  so  refusing  or 
neglecting,  and  recover  for  the  use  of  the  such  county,  city 
or  incorporated  town,  double  the  value  of  such  standards  as 
shall  not  have  been  delivered.  And  in  every  such  action  in 
which  judgment  shall  be  rendered  for  the  plaintiff,  he  shall  re- 
cover double  costs. 

Sec.  6.  If  any  person  or  persons  shall  hereafter  use  any 
weights,  measures,  beams  or  other  apparatus,  for  determining, 
quantity  of  commodities,  which  shall  not  be  conformable  to 
the  standards  of  this  State,  in  any  counties  whose  standards 
have  been  obtained  by  the  Board  of  Supervisors,  or  in  any 
city  or  incorporated  town  after  such  standards  have  been  ob- 
tained therein,  whereby  any  person  shall  be  injured  or  defraud- 
ed, he  shall  be  subject  to  a  fine  not  exceeding  five  dollars  for 
each  offense  to  be  sued  for  and  collected  by  the  city,  county 
or  town  sealer.  He  shall  also  be  subject  to  an  action  at  law, 
in  which  the  defrauded  person  shall  recover  treble  damages 
and  costs,  and  every  person  keeping  any  store,  grocery  or 
other  place  for  the  sale  or  purchase  of  such  commodities  as 
are  usually  sold  by  weight  or  measure  shall,  once  in  each  year, 
procure  the  weights  and  measures  used  by  him  to  be  com- 
pared with  the  standard  herein  provided;  and  he  shall  be  sub- 
ject to  a  fine  of  five  dollars  for  every  neglect  to  comply  with 
this  provision,  to  be  recovered  by  any  one  who  shall  prose- 
cute therefor. 

WEIGHMASTERS  OF  PUBLIC  SCALES. 

Sec.  7.  All  persons  keeping  public  scales,  before  entering 
upon  their  duties  as  weighmasters  shall  be  sworn  before  some 
person  having  authority  to  administer  an  oath,  to  keep  their 
scales  correctly  balanced  ;  to  make  true  weights  ;  and  to  ren- 
der a  correct  account  to  the  person  or  persons  having  weigh- 
ing done.  Every  scale  shall  be  deemed  a  public  one  for  the 
use  of  which  a  charge  is  made. 

Sec.  8.  All  weighmasters  are  required  to  make  true  weights 
and  to  keep  a  correct  register  of  all  weighing  done  by  them, 


200  APPENDIX. 

giving  the  amount  of  each  weight,  date  of  weighing,  and  the 
name  of  the  person  or  persons  for  whom  such  weighing  was 
done,  and  to  give  upon  demand,  to  any  person  or  persons 
having  weighing  done,  a  certificate  showing  the  weight,  date 
of  weighing  and  for  whom  weighed. 

Sec.  9.  Weighmasters  or  keepers  of  public  scales  kept  for 
the  purpose  of  weighing  stock  or  grain,  shall  provide  and 
keep  a  standard  of  weight  not  less  than  fifty  pounds  avoirdu- 
pois for  the  purpose  of  testing  such  scales,  and  they  shall  at 
least  once  a  month  or  oftener  if  requested,  make  a  satisfactory 
test  of  the  correctness  of  such  scales. 

Sec.  10.  Any  weighmaster  or  keeper  of  public  scales,  vio- 
lating any  of  the  provisions  of  the  two  preceding  sections, 
upon  complaint  made  before  any  justice  of  the  peace  having 
jurisdiction  of  the  offense,  may,  upon  conviction  thereof,  be 
fined  in  any  sum  not  more  than  twenty  dollars  and  not  less 
than  five  dollars,  for  each  offense,  and  shall  be  liable  to  the 
person  or  persons  injured,  for  the  full  amount  of  damages  by 
them  sustained. 


CHAPTER  7,  OF  TITLE   11,  OF  CODE,  IN  RELATION 
TO  FIRE  COMPANIES. 


1,  2,  3.  Exemption  of  all  active  members 
of  fire  companies,  from  military  duty  and 
working  on  highways.  Conditions  of  such 
exemption.    Code  1560,  1561,  and  1562. 


4.  Penalty  for  misrepresentation.    Code, 
1563. 

5.  6.  Destruction  or  removal  of  fire  appara- 
tus punished.    Code  1564,  1565. 

7.  False  alarm  of  fire  punished.   Code  1566. 


Section  I.  Any  person  who  is  an  active  member  of  any  fire, 
engine,  hook  and  ladder,  hose  or  any  other  company  for  the 
extinguishment  of  fire  or  the  protection  of  property  at  fires, 
under  the  control  of  the  corporate  authorities  of  any  city  or 
incorporated  town,  shall,  during  the  time  he  shall  continue 
an  active  member  of  such  company,  be  exempted  from  the 
performance  of  any  military  duty  and  from  the  performance 
of  labor  on  the  highways  on  account  of  poll  tax  and  from 
serving  as  a  juror;  and  any  person  who  shall  have  been  an 
active  member  of  such  company  in  any  city  or  town  as  afore- 
said and  shall  have  faithfully  discharged  his  duties  as  such  for 
the  term  of  ten  years,  shall  be  forever  thereafter  exempted 
from  the  performance  of  military  dut}^  in  the  time  of  peace, 
from  ^serving  as  a  juror,  and  from  the  performance  of  labor  on 
the  highways. 

Sec.  2.  Any  person  who  has  served  in  any  company  for  a 
term  often  years,  as  provided  in  the  preceding  section,  shall 
be  entitled  to   receive  from   the   foreman  of  the  company  of 


STATUTES   CONCERNING   CITIES.  20I 

which  he  shall  have  been  a  member,  a  certificate  to  that  effect, 
and  on  the  presentation  of  such  certificate  to  the  clerk  or  re- 
corder of  the  proper  city  or  town,  such  clerk  or  recorder  shall 
file  the  same  in  his  office,  and  give  his  certificate,  under  the^ 
corporate  seal,  to  the  person  entitled  thereto,  setting  forth  the 
name  of  the  company  of  which  such  person  shall  have  been  a 
member,  and  the  duration  of  such  membership;  and  such  cer- 
tificate shall  be  received  in  all  courts  and  places  as  evidence 
that  the  person  legally  holding  the  same  is  entitled  to  the  ex- 
emption hereinbefore  mentioned. 

Sec.  3.  To  entitle  any  person  to  exemption  from  labor  on 
the  highway  before  the  expiration  of  the  aforesaid  term  often 
years,  he  shall,  on  or  before  the  first  day  of  April  of  each  year, 
file  with  the  clerk  or  recorder  of  the  proper  city  or  town,  a 
certificate  signed  by  the  foreman  of  the  company  of  which 
said  person  is  a  member,  that  the  person  holding  said  certifi- 
cate is  an  active  member  of  said  fire  company,  and  thereupon 
the  clerk  or  recorder  shall  enter  said  exemption  upon  the 
street  tax  list  for  that  year. 

Sec.  4.  Any  person  who  shall  either  by  misrepresentation 
or  by  the  use  of  a  false  certificate,  or  the  certificate  of  any 
other  person,  endeavor  to  avail  himself  of  the  benefits  of  this 
chapter,  upon  conviction  thereof  before  any  mayor,  recorder 
or  magistrate  of  any  incorporated  city  or  town,  or  before  any 
district  court,  shall  be  sentenced  to  imprisonment  in  the  coun- 
ty jail  for  a  period  of  not  more  than  six  months,  or  less  than 
one  month,  and  to  pay  a  fine  of  not  less  than  ten  dollars,  or 
more  than  one  hundred  dollars. 

Sec.  5.  Any  person  or  persons  who  shall  wilfully  destroy  or 
injure  any  engines,  hose  carriage,  hose,  hook  and  ladder  car- 
riage, or  anything  whatever,  used  for  the  extinguishment  of 
fires,  belonging  to  any  fire  company,  on  conviction  thereof 
shall  be  sentenced  to  imprisonment  in  the  penitentiary  for  a 
period  of  not  less  than  one  year,  nor  more  than  three  years. 

Sec.  6.  It  shall  not  be  lawful  for  any  person  to  remove  any 
engine  or  other  apparatus  for  the  extinguishment  of  fire,  from 
the  house  or  other  place  where  the  same  shall  be  kept  or  de- 
posited, except  in  time  of  fire  or  alarm  of  fire,  unless  properly 
authorized  so  to  do  by  the  president  and  director,  or  foreman, 
of  the  company  to  whom  the  same  shall  belong,  or  their  duly 
authorized  agent  ;  and  any  person  offending  against  the  pro- 
visions of  this  section  shall  forfeit  and  pay  a  sum  not  less  than 
five    dollars,    nor    more     than     twenty  dollars,    to    be   sued 

Lfor  and  recovered  in  the  name  of  the  state,  for  the  use  of  the 
school  fund,  before  any  mayor,  recorder,  or  magistrate    of  the 
city  or  town  wherein  the  offense  has  been  committed. 
I 


I 


26 


202 


APPENDIX. 


Sec.  7.  It  shall  not  be  lawful  for  any  person  or  persons  to 
cause  false  alarm  of  fire,  either  by  setting  fire  to  any  combust- 
ible material,  or  by  giving  an  alarm  of  fire  without  cause,  and 
any  person  offending  against  the  provisions  of  this  section 
shall  be  fined  a  sum  of  not  less  than  five  dollars  or  more  than 
twenty  dollars,  to  be  sued  for  and  recovered  as  specified  in 
the  foregoing  sections. 


PART  OF  CHAPTER  2,  OF  TITLE  18,  OF  THE  CODE. 
PUBLIC  PROPERTY  NOT  LIABLE  TO  EXECUTION 
AND  PRESCRIBING  HOW  CORPORATE  DEBTS 
MAY  BE  PAID. 


1.  Public  buildings  of  municipal  corpora- 
tions exempt  from  execution. 

2.  If  no    property    of   such    corporation 


against  which  execution  has  issued    can    be 
found,  tax  to  be  levied  to  pay  same. 


Seqtion  I.  Public  buildings  owned  by  the  state,  or  any 
county,  city,  school  district,  or  other  municipal  corporation 
or  any  other  public  property  which  is  necessary  and  proper 
for  carrying  out  the  general  purpose  for  which  such  corpora- 
tion is  organized,  are  exempt  from  execution.  The  property 
of  a  private  citizen  can  in  no  case  be  levied  on  to  pay  the  debt 
of  any  such. 

Sec.  2.  If  no  property  of  a  municipal  corporation  against 
which  execution  has  issued  can  be  found,  or  if  the  judgment 
creditor  elect  not  to  issue  execution  against  such  corporation, 
a  tax  must  be  levied  as  early  as  practicable  to  pay  off  the 
judgment.  When  a  tax  has  been  so  levied,  and^any  part 
thereof  shall  be  collected,  the  treasurer  of  such  corporation 
shall  pay  the  same  to  the  judgment  creditor,  or  to  the  clerk  of 
the  court  in  which  the  judgment  was  rendered,  in  satisfaction 
thereof. 


CHAPTER  23,  LAWS  OF  1874,  RELATING  TO  LIENS 
UPON  PROPERTY  OF  POLITICAL  CORPORA- 
TIONS.* 


1.  Where  municipal  corporations  have  is- 
sued bonds  in  excess  of  lawful  amounts 
for  improvements.    Holders  to    have    lien. 


?.  Enforcement  of  lien— all  bondholders 
to  be  made  parties.    No  money  judgment. 


Section   i.  That  where  a  corporation   has  issued   bonds  in 
payment  of  an  indebtedness  exceeding  five  per  cent  on  the  value 

*In  the  case  of  Mosher  vs.  Ind.  School  Dist.,  44th  Iowa,  page  122,  the  Supreme  court  pro- 
nounced this  statute  unconstitutional. 


STATUTES   CONCERNING   CITIES. 


203 


of  the  taxable  property  of  such  corporation  for  labor  upon, 
and  materials  furnished  in  the  erection  and  furnishing-  a  build- 
ing and  making  improvements  for  such  corporation,  the  hold- 
ers of  said  bonds,  or  any  of  them,  including  the  assignees- 
thereof,  shall  have  a  lien  upon  such  building  and  furniture  and 
fixtures  therein,  and  upon  the  land  of  such  corporation  on 
which  such  building  and  improvements  are  situated,  to  the 
amount  of  such  indebtedness. 

Sec.  2.  Any  person  having  a  lien  by  virtue  of  this  act  may 
enforce  the  same  by  equitable  proceedings  in  any  district  or 
circuit  court  of  the  county  wh  ere  the  property  is  situated,  at 
any  time  before  the  maturity  of  said  bonds,  as  though  the  ac- 
tion was  for  labor  done  and  materials  furnished  and  used  in 
and  about  the  erection  of  said  building.  All  persons  owning 
such  bonds  shall  be  made  parties,  plaintiffs  or  defendants,  and 
if  the  names  of  such  owners  are  unknown  they  shall  be  made 
parties  defendant  as  provided  by  section  twenty-six  hundred 
and  twenty-two  of  the  code.  The  plaintiff  shall  set  forth, 
and  the  court  shall  ascertain  and  determine  the  entire  amount 
of  the  indebtedness  on  such  bonds,  and  order  that  the  prop- 
erty be  sold  to  pay  such  indebtedness,  and  the  proceeds  of  the 
sale  shall  be  paid  to  the  court  to  be  by  it  distributed  pro  rata 
among  the  holders  of  such  indebtedness;  but  no  money  judg- 
ment shall  be  rendered  against  such  corporation  and  the  clerk 
shall  not  pay  the  proceeds  of  such  sale  to  the  holders  of  such 
indebtedness  until  they  deliver  him  their  bonds  which  shall 
be  by  him  canceled. 


CHAPTER  12,  OF  TITLE  4,  OF  THE  CODE,  IN  RELA- 
TION TO  TOWN  PLATS. 


1.  Accurate  plats  to  be  made  of  the 
same;  how  numbered;  duty  to  file  plat  in 
office  of  recorder,  &c.    Code  559. 

2.  Plat  to  contain  statement  of  owners 
and  must  be  acknowledged  and  recorded. 
Code  556. 

3.  Acknowledgment  &c.,  equivalent  to 
deed.    Code  561. 

4.  How  streets  may  be  altered.    Code  562. 

5.  How  plat  may  be  vacated.    Code  563, 

6.  Not  vacated  when  it  aflfects  the  rights 
of  others.     Code  564. 

7.  Streets  may  be  enclosed.  Code  565. 

8.  Recorders  duty  when  ^vacated.  Code 
566. 


9.  Plats  vacated  may  be  replatted  and 
conveyed  accordingly.    Code  567. 

10.  By  whom  plat  may  be  made  and  re- 
corded. Duty  of  auditor  in  such  cases, 
costs,  &c.    Code  568. 

11.  When  land  is  not  properly  described, 
auditor  may  cause  plat  to  be  made.  Code 
569. 

12.  Conveyance  deemed  warranty.  Duty 
of  auditors  and  supervisors.    Code  570. 

13.  Plats  heretofore  made  legalized.  Code 
571. 

14.  Penalty  where  plats  have  not  been 
made.    Code  572. 


Section   i.  Every  orisjinal  owner  or  proprietor  of  any  tract 
or  parcel  of  land,  who  has  heretofore  subdivided,  or  shall  here- 


204  APPENDIX. 

after  subdivide  the  same  into  three  or  more  parts  for  the  pur- 
pose of  laying  out  any  town  or  city,  or  any  addition  thereto 
or  any  part  thereof,  or  suburban  lots,  shall  cause  a  plat  of  such 
sub-division,  with  references  to  known  or  permanent  monu- 
ments, to  be  made,  which  shall  accurately  describe  all  the  sub- 
divisions of  such  tract  or  parcel  of  land,  numbering  the  same 
by  progressive  numbers  and  giving  the  dimensions  and  length 
and  breadth  thereof,  and  the  breadth  and  courses  of  all  the 
streets  and  alleys  established  therein.  Descriptions  of  lots  or 
parcels  of  land  in  such  sub-divisions,  according  to  the  number 
and  designation  thereof  on  said  plat  contained,  in  conveyan- 
ces or  for  the  purpose  of  taxation,  shall  be  deemed  good  and 
valid  for  all  intents  and  purposes.  The  duty  to  file  for  rec- 
ord a  plat  as  provided  herein,  shall  attach  as  a  covenant  of 
warranty  in  all  conveyances  of  any  part  or  parcel  of  such  sub- 
division by  the  original  owner  or  proprietors  against  any  and 
all  assessments,  costs,  and  damages  paid,  lost,  or  incurred  by 
any  grantee,  or  person  claiming  under  him,  in  consequence 
of  the  omission  on  the  part  of  said  owner  or  proprietors  to  file 
such  plat. 

Sec.  2.  Every  such  plat  shall  contain  a  statement,  to  the 
effect  that  the  above  or  foregoing  subdivision  of  (here  insert  a 
correct  description  of  the  land  or  parcel  subdivided),  as  ap- 
pears on  this  plat,  is  with  the  free  consent  and  in  accordance 
with  the  desire  of  the  undersigned  owners  and  proprietors, 
which  shall  be  signed  by  the  owners  and  proprietors,  and  shall 
be  duly  acknowledged  before  an  officer  authorized  to  take  the 
acknowledgment  of  deeds;  and  when  thus  executed,  shall  be 
filed  for  record  and  recorded  in  the  office  of  the  recorder  of 
the  proper  county. 

Sec.  3.  The  acknowledgment  and  recording  of  such  plat  is 
equivalent  to  a  deed  in  fee  simple  of  such  portions  of  the  prem- 
ises platted  as  is  on  such  plat  set  apart  for  streets,  or  other 
public  use;  or  as  is  thereon  dedicated  to  charitable,  religious, 
or  educational  purposes. 

Sec.  4.  Streets  and  alleys  so  platted  and  laid  out,  or  which 
have  been  platted  or  laid  out  under  any  prior  law  of  the  state 
regulating  private  plats,  may  be  altered  or  vacated  in  the  man- 
ner provided  by  law,  for  the  alteration  or  discontinuance  of 
highways. 

Sec.  5.  Any  such  plat  may  be  vacated  by  the  proprietors 
thereof,  at  any  time  before  the  sale  of  lots  therein,  by  a  writ- 
ten instrument  declaring  the  same  to  be  vacated,  duly  exe- 
cuted, acknowledged  or  proved  and  recorded  in  the  same  office 
with  the  plat  to  be  vacated,  and  the  execution  and  recording 
of  such  writing  shall  operate  to  destroy  the  force  and  effect  of 


STATUTES   CONCERNING  CITIES.  205 

the  recording  of  the  plat  so  vacated,  and  to  divest  all  public 
rights  in  the  streets,  alleys,  commons  and  public  grounds  laid 
out  or  described  in  such  plat.  And  in  cases  where  any  lots 
have  been  sold  the  plat  may  be  vacated,  as  herein  provided,- 
by  all  the  owners  of  lots  in  such  plat  joining  in  the  execution 
of  the  writing  aforesaid."^ 

Sec.  6.  Any  part  of  a  plat  may  be  vacated  under  the  pro- 
visions and  subject  to  the  conditions  of  this  chapter,  provided 
such  vacating  does  not  abridge  or  destroy  any  of  the  rights 
and  privileges  of  other  proprietors  in  said  plat,  and  provided 
further,  that  nothing  contained  in  this  section  shall  authorize 
the  closing  or  obstructing  of  any  public  highways  laid  out  ac- 
cording to  law. 

Sec.  7.  When  any  part  of  a  plat  shall  be  vacated  as  afore- 
said, the  proprietors  of  the  lots  so  vacated  may  enclose  the 
streets,  alleys  and  public  grounds  adjoining  said  lots  in  equal 
proportions. 

Sec.  8.  The  county  recorder,  in  whose  office  the  plats  afore- 
said are  recorded,  shall  write  in  plain,  legible  letters  across 
that  part  of  said  plat  so  vacated,  the  word  "  vacated,  "  and  also 
make  a  reference  on  the  same  to  the  volume  and  page  in 
which  the  said  instrument  of  vacation  is  recorded. 

Sec.  9.  The  owner  of  any  lots  in  a  plat  so  vacated,  may 
cause  the  same  and  a  proportionate  part  of  adjacent  streets 
and  public  grounds,  to  be  platted  and  numbered  by  the  county 
surveyor;  and  when  such  plat  is  acknowledged  by  such  owner 
and  is  recorded  in  the  record  of  office  of  the  county,  such  lots 
may  be  conveyed  and  assessed  by  the  numbers  given  them 
on  such  plats. 

Sec.  10.  Whenever  the  original  owner  or  proprietor  of  any 
subdivision  of  land,  as  contemplated  in  section  five  hundred 
and  fifty-nine  of  this  chapter,  have  sold  or  conveyed  any  part 
thereof,  or  invested  the  public  with  any  rights  therein,  and 
have  failed  and  neglected  to  execute  and  file  for  record  a  plat 
as  provided  in  section  five  hundred  and  fifty-nine  of  this  chap- 
ter, the  county  auditor  shall  notify  some,  or  all,  of  such  own- 
ers and  preprietors  by  mail  or  otherwise,  and  demand  the  ex- 
ecution of  said  plat  as  provided;  and  if  such  owners  or  pro- 
prietors, whether  so  notified  or  not,  fail  or  neglect  to  execute 
and  file  for  record  said  plat  for  thirty  days  after  the  issuance 
of  such  notice,  the  auditor  shall  cause  to  be  made  the  plat  of 
such  subdivision  and  any  surveying  necessary  therefor.  Said 
plat  shall  be  signed  and  acknowledged  by  the  auditor,  who 
shall  certify  that  he  executed  by  reason  of  the  failure  of  the 

♦See  chapter  61,  acts  of  1874. 


206  APPENDIX. 

owner  to  do  so,  and  filed  for  record  ;.  and  when  so  filed  for 
record,  shall  have  the  same  effect  for  all  purposes  as  if  execut- 
ed, acknoweidged,  and  recorded  by  the  owners  or  proprietors 
themselves.  A  correct  statement  of  the  costs  and  expenses  of 
such  plat,  surveying,  and  recording,  verified  by  oath,  shall  be 
by  the  auditor,  laid  before  the  first  session  of  the  board  of  su- 
pervisors, who  shall  allow  the  same  and  order  the  same  to  be 
paid  out  of  the  county  treasury,  and  who  shall,  at  the  same 
time,  assess  the  said  amount,  pro  rata,  upon  all  the  several 
subdivisions  of  said  tract,  lot,  or  parcel  so  subdivided  ;  and 
said  assessment  shall  be  collected  with  and  in  like  manner  as 
the  general  taxes  ;  and  shall  go  to  the  general  county  fund;  or 
said  board  may  direct  suit  to  be  brought  in  the  name  of  the 
county  before  any  court  having  jurisdiction,  to  recover  of  the 
said  original  owners  or  proprietors,  or  either  of  them,  the 
said  cost  and  expense  of  procuring  and  recording  said  plat. 

Sec.  II.  Whenever  any  congressional  subdivision  of  land 
of  forty  acres  or  less,  or  any  lot  or  subdivision  is  owned  by  two 
or  more  persons  in  severalty,  and  the  description  of  one  or 
more  of  the  different  parts  or  parcels  thereof  cannot  in  the 
judgment  of  the  county  auditor,  be  made  suf^ciently  certain 
and  accurate,  for  the  purposes  of  assessment  and  taxation 
without  noting  the  metes  and  bounds  of  the  same,  the  auditor 
shall  require  and  cause  to  be  made  and  recorded,  a  plat  of  such 
tract  or  lot  of  land  with  its  several  subdivisions  in  accordance 
with  the  provisions  of  this  chapter;  and  he  shall  proceed  in 
such  cases  according  to  the  provisions  of  section  five  hundred 
and  sixty-eight,  and  all  the  provisions  of  said  section  in  rela- 
tion to  plats  of  towns,  cities  and  so  forth,  shall  govern  as  to 
the  tracts  and  parcels  of  land  in  this  section  referred  to. 

Sec.  12.  Every  conveyance  of  land  in  this  state,  shall  be 
deemed  to  be  a  warranty  that  the  description  therein  con- 
tained is  sufficiently  definite  and  accurate  to  enable  the  audi- 
tor to  enter  the  same  on  the  plat  book  required  by  law  to  be 
kept  ;  and  when  there  is  presented  to  be  entered  on  the  trans- 
fer book,  any  conveyance  in  which  the  description  is  not,  in 
the  opinion  of  the  auditor,  sufficiently  definite  and  accurate, 
he  shall  note  said  fact  on  said  deed  with  that  of  the  entry  for 
transfer,  and  shall  notify  the  person  presenting  the  same  that 
the  land  therein  insufficiently  described  must  be  platted  within 
thirty  days  thereafter.  Any  person  aggrieved  by  the  opinion 
of  the  auditor,  may,  within  said  thirty  days,  appeal  therefrom 
to  the  board  of  supervisors,  by  claiming  said  appeal  in  writing 
and  thereupon  no  further  proceeding  shall  be  taken  by  the 
auditor,  and  at  their  next  session  the  board  of  supervisors 
shall  determine  said  question  and  direct  whether  or  not  said 
plat  shall  be  executed  and  filed  and  within  what  time  ;  and  if 


I 


STATUTES   CONCERNING   CITIES.  20/ 

the  grantor  in  such  conveyance  shall  neglect  for  thirty  days 
thereafter  to  file  for  record  a  plat  of  said  land  and  of  the  ap- 
propriate congressional  subdivisions  in  which  the  same  is 
found,  duly  executed  and  acknowledged  as  required  by  the_ 
auditor,  or  in  case  of  appeal  as  directed  by  the  board  of  supervis- 
ors then  the  auditorshall  proceed  asprovidedin  section  fivehun- 
dred  and  sixty-eight  of  this  chapter,  and  cause  such  plat  to  be 
made  and  recorded,  and  thereupon  the  same  proceedings  shall 
be  had  and  rights  shall  accrue,  and  remedies  had,  as  are  in 
said  section  provided.  Such  plat  shall  describe  said  tract  of 
land,  and  any  other  subdivisions  of  the  smallest  congressional 
subdivision  of  which  the  same  is  a  part,  numbering  them  by 
progressive  numbers,  setting  forth  the  courses  and  distances, 
and  number  of  acres,  and  such  other  memoranda  as  are  usual 
and  proper;  and  descriptions,  of  such  lots  or  subdivisions  ac- 
cording to  the  number  and  designation  thereof  on  said  plat 
shall  be  deemed  good  and  sufficient  for  all  purposes  of  con- 
veyancing and  taxation. 

Sec.  13.  None  of  the  provisions  of  this  chapter  shall  be  con- 
strued to  require  replatting  in  any  case  where  plats  have  been 
made  and  recorded  in  pursuance  of  any  law  heretofore  in  force, 
and  all  plats  heretofore  filed  for  record,  and  not  subsequently 
vacated,  are  hereby  declared  valid,  notwithstanding  irregular- 
ities and  omissions  in  the  manner  or  form  of  acknowledgment 
or  judge's  certificate;  but  the  provisions  of  this  section  shall 
not  affect  any  action  or  proceeding  now  pending. 

Sec.  14.  Any  person  who  shall  dispose  of  or  offer  for  sale, 
lease  any  lots  in  any  town,  or  addition  to  any  town  or  city, 
until  the  plat  thereof  has  been  duly  acknowledged  and  record- 
ed as  provi(jed  in  this  chapter,  shall  forfeit  and  pay  fifty  dol- 
lars for  each  lot  and  part  or  sold  disposed  of,  leased,  or 
offered  for  sale. 


CHAPTER  61,   OF  ACTS  OF   1874,   IN  RELATION   TO 
THE  VACATION  OF  TOWN  PLATS. 

1.  The  manner  in  which  town  plats  may  be  vacated— what   is    necessary    to  procure  such 

vacation. 

Section  i.  That  whenever  the  owners  of  any  piece  of  land, 
not  less  than  forty  acres  in  amount,  which  has  been  platted 
into  town  lots,  and  the  plat  of  which  has  been  recorded,  shall 
desire  to  vacate  said  plat,  or  part  oi  plat,  it  may  be  done  in 
the  manner  following:  A  petition  signed  by  all  the  owners  of 
the  town  or  part  of  the  town  to  be  vacated,  shall  be  filed  in  the 
clerk's  office  of  the  district  court  of  the  district  in  which  the  land 


208  APPENDIX. 

SO  platted  lies,  and  notice  of  such  petition  shall  be  given  at 
least  four  weeks  before  the  meeting  of  the  court,  by  posting 
notices  in  three  conspicuous  places  in  the  town  where  the  va- 
cation is  prayed  for,  and  one  upon  the  court  house  door  of 
the  county.  At  the  term  of  court  next  following  the  filing 
of  the  petition  and  notice,  the  court  shall  fix  a  time  for  hear- 
ing the  petition,  and  notice  of  the  day  so  fixed  shall  be  given 
by  the  clerk  of  the  court,  in  some  newspaper  published  in  the 
county,  at  least  one  week  before  the  day  appointed  for  the 
hearing.  At  the  hearing  of  the  petition,  if  it  shall  appear  that 
all  the  owners  of  lots  in  the  town  or  part  of  town  to  be  vacated 
desire  the  vacation,  and  there  is  no  valid  objection  thereto,  a 
decree  shall  be  entered  vacating  such  portion  of  the  town 
and  the  streets,  alleys  and  avenues  therein,  and  for  all  pur- 
poses of  assessments  such  portion  of  the  town  shall  shall  be 
as  it  [if]  it  had  never  been  platted  in  lots.  Provided,  hoivever, 
That  if  any  street  as  laid  out  on  the  plat  shall  be  needed  for 
the  public  use,  it  shall  be  excepted  from  the  order  of  vacation 
and  shall  remain  a  public  highway  ;  and  further  provided, 
that  this  act  shall  not  affect  cities  of  the  first  and  second  class. 


CHAPTER  25,  OF  ACTS  OF  1874,  CONCERNING  CITY 
AND  TOWN  LOTS. 

Lands  to  be  laid  out  in  any  town  or  city  lots  shall  be  free  from  incumbrance  and  accurately 

described. 

Section  i.  Whenever  any  person  or  corporation  shall  lay 
out  any  parcel  of  land  into  town  or  city  lots  in  accordance 
with  chapter  12,  title  4,  of  the  code,  such  person  shall  procure 
from  the  county  treasurer  a  certified  statement  that  the  land 
thus  laid  out  into  lots,  streets  and  alleys  is  free  from  taxes,  and 
such  proprietor  shall  also  procure  a  certified  statement  from 
the  recorder  of  deeds  that  the  title  in  fee  to  said  land  is  in 
such  proprietor  and  that  the  same  is  free  from  every  incum- 
brance; which  certified  statements  shall  both  be  filed  with  the 
recorder  of  deeds  before  the  plat  of  the  said  town  or  city  lots 
shall  be  admitted  to  record  or  of  any  validity. 

Sec.  2.  The  record  and  plat  of  every  town,  city  or  addition 
thereto,  which  may  be  thus  laid  out  shall  give  the  bearing  and 
distance  from  some  corner  of  a  lot  or  block  in  said  town  or 
city  or  part  thereof  to  some  corner  of  the  congressional  divis- 
ion of  which  said  town  or  city  or  addition  thereto  is  a  part. 


STATUTES   CONCERNING  CITIES.  209 

CHAPTER  63,  OF  ACTS  OF  1876,  AMENDING  LAWS  IN 
RELATION  TO  CITY  AND  TOWN  LOTS,  AND  IN 
RELATION  TO  THE  ANNEXATION  OF  CONTIG- 
UOUS TERRITORY. 

Section  i.  That  chapter  25,  of  the  general  laws  of  the  fif- 
teenth general  assembly  be  amended  by  adding  to  the  first 
section  thereof  the  words  :  Provided,  that  the  provisions  of 
this  act  shall  not  affect  the  filing  and  recording  of  plats  where 
the  original  parcel  of  land  shall  have  heretofore  been  subdi- 
vided and  sold  or  encumbered  with  a  view  to  platting  the 
same  prior  to  the  passage  of  this  act  ;  and  provided,  also,  that 
the  provisions  of  this  act  shall  not  prevent  the  annexation  of 
contiguous  territory  to  cities  and  towns  under  section  426, 
427,  428  and  429  of  chapter  lO,  title  4  of  the  code. 


I 


REGISTRY  OF  ELECTORS,  PART  OF  CHAPTER  2,  OF 
TITLE  5,  OF  THE  CODE,  IN  REGARD  TO  THE 
REGISTRATION  OF  VOTERS. 

1.  Clerk  of  cities  and  iucorporated  towns    1       2.  When  same   is  not    applicable.    Code 
to  prepare    legisters — Board    of   Registry.        602. 
Code  599. 

Section  i.  In  corporation  elections,  the  clerk  of  the  city 
or  town  shall  prepare  from  the  poll-books  of  the  last  preced- 
ing annual  election  of  said  corporation,  an  alphabetical  regis- 
ter of  the  electors  as  provided  in  section  five  hundred  and 
ninety-six  of  this  chapter,  showing  the  residence  of  each  per- 
son by  number  of  dwelling,  if  there  be  a  number,  and  the 
name  of  the  street  or  other  location  of  the  dwelling-place  of 
each  person.  And  he  shall  post  up  one  copy  thereof  in  each 
ward  at  the  place  where  the  last  preceding  election  was 
held,  one  month  preceding  each  election,  and  furnish  the 
original  to  the  board  of  registry  at  their  next  meeting.  The 
board  of  registry  for  said  cities  and  towns  shall  consist  of  the 
mayor,  assessor,  clerk,  and  marshal,  who  shall  meet  for  the  pur- 
pose of  correcting  the  registry  one  week  before  each  election, 
at  the  usual  place  of  meeting  of  the  city  council  or  trustees, 
and,  after  having  corrected  the  registry  of  voters  in  each  ward, 
as  contemplated  in  the  general  provisions  of  this  chapter,  said 
board  shall  cause  a  certified  copy  of  said  registry  for  each 
ward  to  be  delivered  to  the  election  board  of  such  ward  at  or 
before  the  time  of  opening  the  polls.  After  the  canvassing  of 
the  votes,  the  registries  shall  be  attached  to    the  poll   books 

27 


210  APPENDIX. 

and  filed  in  the  office  of  the  clerk  of  the  city  or  town  for  the 
use  of  the  succeeding  board  of  registry.  The  general  provis- 
ions of  this  chapter  shall  extend  to  incorporated  towns  and 
cities  as  far  as  the  same  may  be  applicable.  But  no  residence 
in  such  cities  or  towns  shall  be  deemed  sufficiently  stated,  un- 
less the  street  or  other  location  and  number,  if  any,  are  speci- 
fied in  the  list. 

Sec.  2.  This  chapter  shall  not  apply  to  townships,  incorpo- 
rated towns,  or  cities,  having  a  population  of  less  than  six 
thousand  inhabitants,  as  shown  by  the  last  preceding  census. 


DETACHED  PROVISIONS   OF  THE  CODE  APPLICA- 
BLE TO  CITIES  AND  TOWNS. 

PROCEEDINGS  BEFORE  POLICE  COURTS. 

Section  4707.  The  proceedings  in  police  and  city  courts 
in  incorporated  cities  and  towns,  in  criminal  cases  within 
their  jurisdiction  shall  be  regulated  by  the  provisions  of  this 
code,  when  not  otherwise  regulated  by  law. 

WATER  POWER  IMPROVEMENTS. 

Sec.  1237.  Such  corporations  may  use,  raise,  or  lower  any 
highway,  for  the  purpose  of  having  their  said  canals,  water- 
ways, mains  and  pipes,  pass  over,  along  or  under  the  same  ; 
and  in  such  case  shall  put  such  highway,  as  soon  as  may  be, 
in  good  repair  and  condition,  for  the  safe  and  convenient  use 
of  the  public.  And  such  corporation  may  construct  and  carry 
their  canals,  conduits,  water-ways,  mains,  or  water  pipes, 
across,  over  or  under  any  railway,  canal,  stream  or  water- 
course, when  it  shall  be  necessary  lor  the  operation  or  con- 
struction of  the  same,  but  shall  do  so  in  such  manner  as 
not  to  impede  the  travel,  transportation  or  navigation  upon, 
or  other  proper  use  of,  such  railway,  canal,  or  stream.  But 
the  powers  conferred  in  this  section,  can  only  be  exercised  in 
cities  and  towns  with  the  consent  and  under  the  control  of 
the  city  council    or  trustees  of  said  municipal  corporations. 

CONSTRUCTION  OF  RAILWAY  CROSSINGS. 

Sec.  1290.  Whenever  it  becomes  necessary  in  the  construc- 
tion of  any  railway  to  cross  any  other  railway  near  the  shore 
of  the  Mississippi  river,  each  shall  be  so  constructed  and  main- 
tained at  the  point  of  crossing  so  that  the  respective  road- 
beds thereof  shall  be  above  high  water  in  such  river.  But 
where  such  crossings  occur  within  the  limits  of  cities  contain- 
ing six  thousand  inhabitants  as  shown  by  the  last  preceding 


STATUTES   CONCERNING   CITIES. 


211 


census,  the  city  council  of  such  cities  may  establish  the  grade 
of  such  crossings. 

CROSSING  HIGHWAYS  BY  RAILWAYS. 

Sec.  1262.  Any  such  corporation  may  raise  or  lower  any 
turnpike,  plank  road,  or  other  highway,  for  the  purpose  of 
having  its  railway  pass  over  or  under  the  same  ;  and  in  such 
cases  said  corporation  shall  put  such  highway,  as  soon  as  may 
be,  in  as  good  repair  and  condition  as  before  such  alteration 
at  said  place  of  crossing.* 

Sec.  1263.  If  the  supervisor,  trustees,  city  council  or  other 
person  having  jurisdiction  over  such  highway  require  further 
or  different  repairs  or  alterations  made  thereon,  or  if  the  same 
in  their  opinion  is  unsafe,  they  shall  give  notice  thereof  in 
writing  to  any  agent  or  ofificerof  the  corporation,  and  if  the  par- 
ties are  unable  to  agree  respecting  the  same,  either  may  apply 
by  petition,  setting  out  the  facts,  to  the  circuit  court  or  judge 
thereof,  and  such  court  or  judge  shall  cause  reasonable  notice 
to  be  given  the  adverse  party  of  the  application  ;  the  petition 
shall  be  filed  in  the  clerk's  office  and  may  be  answered  as  in 
other  cases.  The  court  shall  determine  the  matter  in  a  sum- 
mary way  and  make  the  necessary  orders  in  relation  thereto, 
giving  such  corporation  a  reasonable  time  to  comply  there- 
with, and  upon  failure  to  do  so,  said  court  may  enjoin  the  cor- 
poration from  using  so  much  of  its  road  as  interferes  with  any 
such  highways,  and  the  court  may  award  costs  in  favor  of  the 
prevailing  party. 


CHAPTER  116,  OF  ACTS  OF  i8;6,  RELATING  TO  THE 
ASSESSMENT  AND  COLLECTION  OF  TAXES  OF 
CITIES  UNDER  SPECIAL  CHARTERS. 

12.  Repealing  section  1,  chapter  51,  of  acts 
of  1874. 

13.  Property  may  be  condemned  without 
action  to  enforce  the  same. 

14.  Council  may  regulate  sales. 

15.  Annual  tax  not  to  exceed  3  per  cent. 
Road  district. 

16.  When  taxes  are  to  be  collected  by  the 
Marshal. 

17.  Numbering  houses. 

18.  Council  may  require  owners  of  prop- 
erty to  open  water  course  when  obstructed 
by  them. 

19.  Poll  tax. 

20.  Police  powers,  etc, 

21.  General  laws. 


1.  To  provide  by  o'-dinance  when    taxes 
shall  become  delinquent.    Notice  of  sale. 

2.  Letters  and  figures  may  be  used.     Irreg- 
ularities. 

3.  Special  taxes.     Interest.    Collection. 

4.  Receipt  by  collector,  &c. 

5.  Collector  shall  make  certificate  of  pur- 
chase foi  any  property  sold, 

6.  Redemption  and  certificate. 

7.  Deed  toholder  of  certificate  of  purchase, 

8.  Grade  of  street  or  alley. 

9.  Damages  to  be   assessed  by    commis- 
sioners. 

10.  Appraisement  and  appeal. 

11.  City    council    may   remove    commis- 
sioners. 


Section  i.  All  cities  in  this  state  organized  and  existing 

*The  words,  '•  at  such  place  of  crossing  ""  added  by  chapter  47,  acts  of  1874. 


212  APPENDIX. 

under  special  charters,  may  provide  by  ordinance  when  taxes 
both  general  and  special  shall  become  delinquent,  and  the  rate 
of  interest  which  th«y  shall  thereafter  bear,  which  rate  shall 
not  exceed  twenty-five  per  cent,  per  annum  ;  and  for  the  sale 
of  delinquent,  special  and  general  taxes,  on  such  terms  and  at 
such  a  rebate  of  the  principal  or  interest  or  both,  as  the  city 
council  may  determine  ;  and  in  the  notice  required  by  law  to 
be  given  it  will  be  sufficient  to  state  the  description  of  the  lot 
or  parcel  of  real  estate  to  be  sold  for  delinquent  taxes  of  the 
current  year,  and  also  the  lot  or  parcel  of  real  estate  on  which 
the  delinquent  taxes  for  previous  years  remain  due  and  un- 
paid, and  the  amount  of  taxes  delinquent  for  previous  years 
without  naming  such  previous  years,  and  the  amount  of  in- 
terest and  costs,  if  any,  against  each  lot  or  parcel  of  real  es- 
tate, in  which  may  be  included  special  taxes,  delinquent,  at 
such  rate  of  interest  as  the  city  council  may  determine,  not  to 
exceed  the  rate  allowed  by  law  at  the  time  the  taxes  were  as- 
sessed, and  the  total  amount  of  taxes,  interest  and  cost  against 
such  lot  or  parcel  of  real  estate. 

Sec.  2.  In  all  advertisements  for  the  sale  of  real  property 
for  taxes,  and  in  entries  required  to  be  made  in  any  manner 
connected  with  the  assessment  or  collection  of  taxes,  letters 
and  figures  may  be  used  to  denote  numbers,  fractions  of  num- 
bers and  amounts  as  are  commonly  used  in  other  business 
transactions,  and  no  irregularity  or  informality  in  the  adver- 
tisement shall  affect  the  legality  of  any  sale,  or  the  title  of  any 
property  conveyed  if  it  shall  appear  that  said  property  was 
subject  to  taxation  for  the  year  or  years  for  which  the  same 
was  sold,  and  the  tax  was  due  and  unpaid  at  the  time  of  sale  ; 
and  in  all  cases  the  advertisement  shall  be  sufficient  notice  to 
the  owners  and  persons  having  an  interest  in  or  claiming  title 
to  any  lot  or  parcel  of  real  estate,  of  the  sale  of  their  property 
for  delinquent  taxes,  and  a  failure  of  the  collector  to  make  a 
personal  demand  of  taxes  shall  not  affect  the  validity  of  any 
sale  or  the  title  to  any  property  acquired  under  such  sale. 

Sec.  3.  The  city  council  may  provide  by  ordinance  that 
all  special  taxes  hereafter  assessed  and  levied  shall  bear  the 
same  rate  of  interest  as  the  annual  taxes  from  and  after  the 
same  becomes  due  and  delinquent,  which  rate  shall  not  exceed 
twenty-five  per  cent,  per  annum  ;  and  all  special  taxes  re- 
maining due  and  delinquent  at  the  date  when  the  annual  tax- 
es become  delinquent,  shall  be  collected  at  the  time  and  in 
the  manner  the  annual  delinquent  taxes  are  collected,  and  the 
same  shall  be  included  with  the  annual  delinquent  taxes,  if 
any  remain  delinquent,  and  the  city  council  may  provide  by 
ordinance  that  all  special  taxes  or  assessments  which  shall 
become  due  and  delinquent  prior  to   the  delinquency   of  the 


STATUTES   CONCERNING   CITIES.  213 

annual  taxes,  shall  be  collected  by  a  sale  of  the  real  estate  so 
taxed  or  assessed  specially  called  therefor,  and  the  kind  of 
notice  to  be  given,  and  may  also  provide  for  the  collection  of 
such  tax  by  suit,  such  as  is  authorized  by  sections  478  and  479 
of  chapter  10,  title  4,  of  the  Code. 

Sec.  4.  The  collector  shall  in  all  cases,  make  out  and  deliv- 
er to  the  tax  payer  a  receipt,  which  receipt  shall  contain 
the  description  and  assessed  value  of  each  lot  or  parcel  of  real 
estate,  and  the  assessed  value  of  personal  property  ;  and  in 
case  the  property  has  been  sold  for  taxes  and  not  redeemed, 
the  date  of  such  sale  and  to  whom  sold,  also  the  amount  of 
the  tax,  iriterest  and  costs,  if  any,  giving  a  separate  receipt  for 
each  year,  whereupon  he  shall  make  the  proper  entries  of  such 
payments  on  the  books  of  his  office.  And  the  council  may 
provide  by  ordinance,  that  no  person  shall  be  permitted  to 
pay  the  taxes  of  any  one  year  until  the  taxes  for  the  previous 
years  shall  be  first  paid  ;  and  provide  that  the  receipt  herein 
contemplated  shall  be  conclusive  evidence  that  all  taxes,  and 
the  costs  of  every  kind  against  the  property  described  in  such 
receipt,  are  paid  to  the  date  of  such  receipt ;  and  provide  that 
for  any  failure  or  neglect  on  the  part  of  the  collector,  or  on 
the  part  of  any  one  acting  as  a  collector,  he  and  his  bondsmen 
shall  be  liable  to  an  action  on  his  official  bond  for  the  damages 
sustained  by  any  person  or  the  city  through  such  neglect. 

Sec.  5.  The  collector  of  taxes,  or  person  authorized  to  act 
as  collector,  shall  make,  sign  and  deliver  to  the  purchaser  of 
any  real  property  sold  for  the  payment  of  any  taxes  author- 
ized by  the  provisions  of  this  act,  or  by  any  law  applicable  to 
cities  acting  under  special  charters,  a  certificate  of  purchase, 
which  shall  have  the  same  force  and  effect  as  certificates  issued 
by  county  treasurers  for  the  sale  of  delinquent  county  taxes. 

Sec.  6.  Real  property  sold  under  the  provisions  of  this  act, 
or  by  virtue  of  any  power  heretofore  given,  may  be  redeemed 
at  any  time — before  the  right  of  redemption  is  cutoff,  as  here- 
inafter provided — by  payment  to  the  collector,  or  to  the  per- 
son authorized  to  act  as  collector,  to  be  held  by  him  sub- 
ject to  the  order  of  the  purchaser  on  surrender  of  the  certifi- 
cate, or  in  case  the  same  is  lost  or  destroyed,  on  his  making 
affidavit  of  such  fact,  and  of  the  further  fact  that  it  was  not 
assigned,  of  the  amount  for  which  the  same  was  sold,  and 
twenty  per  centum  of  such  amount  immediately  added  as  a 
penalty,  with  ten  per  cent,  interest  per  annum  on  the  whole 
amount  thus  made  from  the  day  of  sale.  The  collector,  or 
person  authorized  to  act  as  collector,  shall,  upon  the  applica- 
tion of  any  party  to  redeem  real  property  sold  as  aforesaid 
and  being  satisfied  that  such  oerson  has  a  right  to  redeem  the 


214  APPENDIX. 

same,  and  on  the  payment  of  the  proper  amount  issue  to  such 
party  a  certificate  of  redemption,  in  substance  and  form  as 
provided  by  section  891  of  chapter  2,  title  6,  of  the  Code,  and 
shall  make  the  proper  entry  thereof  in  the  sale  book,  which 
redemption  shall  thereupon  be  deemed  complete  without  fur- 
ther proceedings. 

The  provisions  of  sections  892,  893  and  894,  of  chapter  2, 
title  6  of  the  code,  shall,  so  far  as  the  same  are  applicable,  and 
not  herein  chancred  or  modified,  apply  to  sales  of  real  estate 
for  delinquent  taxes  herein  contemplated  ;  provided,  that 
where  the  words  "  treasurer  of  the  county,"  or  "treasurer"  are 
used  in  said  sections,  the  words  "collector  of  the  city,"  or 
"  collector  "  or  person  authorized  to  act  as  collector  shall  be 
substituted. 

Sec.  7.  Immediately  after  the  expiration  of  ninety  days 
from  the  date  of  service  of  the  notice  as  prescribed  by  section 
894,  of  chapter  2,  title  6,  of  the  Code,  the  collector  or  person 
authorized  to  act  as  collector  then  in  office,  shall  make  out  a 
deed  for  each  lot  or  parcel  of  land  remaining  unredeemed, 
and  deliver  the  same  to  the  purchaser,  upon  return  of  the  cer- 
tificate of  purchase.  Any  number  of  parcels  of  real  estate 
bought  by  one  person,  may  be  included  in  one  deed,  if  re- 
quired by  the  purchaser.  Deeds  executed  by  the  collector  or 
person  authorized  to  act  as  collector,  may  be  in  form  substan- 
tially as  provided  by  section  896,  chapter  2,  title  6,  of  the 
code,  and  shall  be  signed  and  acknowledged  by  him  in  his 
official  capacity,  and  all  deeds  and  conveyances  hereafter 
made  and  executed  on  account  of  any  general  or  special  tax 
sale  shall  have  the  same  force  and  effect  as  deeds  made  by 
county  treasurers  for  delinquent  county  taxes,  and  the  pur- 
chaser, as  v/ell  as  the  owner  of  any  real  property  sold  on  ac- 
count of  such  general  or  special  delinquent  tax,  shall  be  enti- 
tled to  all  the  rights  and  remedies  which  are  granted  and  pre- 
scribed by  sections  897,  898,  899,  900,  901,  902,  903,  904,  and 
905  of  chapter2,  title  6  of  the  code  ;  provided,  that  wherever 
the  words  "  county  "  or  "county  treasurer  "  are  used  the  words 
"  city  "  or  "  city  collector  "  or  person  authorized  to  act  as  col- 
lector shall  be  substituted. 

Sec.  8.  When  the  grade  of  any  street  or  alley  shall  have 
been  established,  and  any  person  shall  have  built  or  made  im- 
provements on  such  street  or  alley  according  to  the  estab- 
lished .grade  thereof,  and  such  city  shall  alter  such  established 
grade  in  such  a  manner  as  to  injure  or  diminish  the  value  of 
said  property,  said  city  shall  pay  to  the  owner  or  owners  of 
said  property  so  injured  the  amount  of  such  damage  or  injury. 

Sec.  9.  Said  damage  or  injury  shall  be  assessed  by  three 


STATUTES   CONCERNING  CITIES.  215 

commissioners,  who  shall  be  disinterested  freeholders,  to  be 
appointed  by  the  city  council.  They  shall,  before  entering" 
upon  their  duty,  be  sworn  to  execute  the  same  according  to 
the  best  of  their  ability.  Before  entering  upon  their  duty  the 
city  shall  cause  notice  to  be  given,  which  notice  shall  be 
signed  by  the  commissioners  and  published  for  three  weeks  in 
one  or  more  newspapers  printed  in  such  city,  of  the  time  and 
place  of  their  meeting,  for  the  purpose  of  viewing  the  prem- 
ises and  making  their  assessments.  They  shall  view  the  prem- 
ises and  in  their  discretion,  receive  any  legal  evidence,  and 
may  adjourn  from  day  to  day  ;  either  one  of  whom  shall  have 
the  power,  in  the  presence  of  the  others,  to  administer  an 
oath  or  oaths  to  any  witness  or  witnesses  to  be  examined  be- 
fore them. 

Sec.  10.  When  the  appraisement  shall  be  completed  the 
commissioners  shall  sign  and  return  the  same  to  the  city 
council  within  thirty  days  of  their  appointment.  The  city 
council  shall  have  power,  in  their  discretion  to  confirm  or  an- 
nul the  appraisement  and  if  annulled  all  proceedings  shall  be 
void  ;  but  if  confirmed,  an  order  of  confirmation  shall  be  en- 
tered. Any  person  interested  may  appeal  from  the  order  of 
confirmation  to  the  circuit  or  district  court  of  the  county  in 
which  such  city  is  situated,  by  notice  in  writing  to  the  mayor 
at  any  time  before  the  expiration  of  twenty  days  after  enter- 
ing the  order  of  confirmation.  Upon  the  trial  of  the  appeal, 
all  questions  involved  in  the  proceedings,  including  the  amount 
of  damages  shall  be  open  to  investigation.  The  cost  of  any 
proceeding  incurred  prior  to  the  order  of  such  city  council 
confirming  or  annulling  the  appraisement,  shall  in  all  cases  be 
paid  by  such  city. 

Sec.  II.  The  city  council  shall  have  the  power  to  remove 
commissioners,  and  from  time  to  time  appoint  others  in  the 
place  of  such  as  may  be  removed,  refuse,  neglect  or  be  unable 
from  any  cause  to  serve. 

Sec.  12.  That  so  much  of  section  i,  chapter  51,  acts  of  the 
fifteenth  general  assembly  as  requires  cities  to  provide  by  or- 
dinance for  the  improvement  of  alleys  after  presentation  of 
petition  by  owners  of  property  to  be  assessed,  be  and  the  same 
is  hereby  repealed,  and  such  cities  organized  under  special 
charters,  may  provide  by  ordinance  how  such  improvements 
shall  be  made,  and  thereafter  may  order  any  alley  to  be  im- 
proved, graded  or  macadamized,  by  resolution  passed  by  the 
affirmative  vote  of  two-thirds  of  such  council,  and  on  voting 
on  such  resolution  the  yeas  and  nays  shall  be  recorded. 

Sec.  13.  All  property  taken  and  condemned  by  virtue  or 
[of]  any  power  heretofore  conferred  or  herein  granted  may  be 


2l6  APPENDIX. 

so  taken  and  condemned  and  such  power  may  be  exercised 
and  pursued  without  resorting  to  proceedings  in  court  in  the 
first  instance  to  enforce  the  same,  anything  in  any  law  to  the 
contrary  notwithstanding, 

Sec.  14.  The  city  council  of  any  such  city  may  regulate  and 
license  sales  by  transient  merchants,  bankrupt  and  dollar 
stores  and  the  like.  Provided^  That  the  exercise  of  such 
power  shall  not  interfere  with  sales  made  by  sheriffs,  consta- 
bles, coroners,  marshals,  executors,  guardians,  assignees  of 
insolvent  debtors  or  other  persons,  required  by  law  to  sell 
real  or  personal  property. 

Sec.  15.  The  city  council  of  all  cities  acting  under  special 
charters,  with  a  population  of  not  more  than  fifteen  thousand 
inhabitants,  as  shown  by  the  last  state  census,  shall  have 
power  to  levy  an  annual  tax  of  not  to  exceed  three  per  cent, 
of  the  assessed  value  of  all  taxable  property  within  its  limits, 
for  the  purpose  of  defraying  the  annual  current  expenses  of 
the  city,  carrying  on  its  municipal  affairs  and  paying  its  bond- 
ed indebtedness  ;  provided,  that  no  other  or  greater  assess- 
ment shall  be  made  in  any  one  year  than  the  amount  herein 
authorized.anythinginany  law  to  the  contrary  notwithstanding. 
While  all  other  cities  acting  under  special  charters  may  levy  the 
taxes  now  authorized,  anything  in  the  law  to  the  contrary 
notwithstanding.  While  all  other  cities  acting  under  special 
charters  may  levy  the  taxes  now  authorized  by  law,  and  when 
such  city  constitutes  a  road  district,  may  levy  a  road  tax  in 
addition  to  the  road  tax  now  allowed  by  law  of  two  mills  on 
the  dollar  of  the  assessed  valuation,  which  road  tax  shall  in 
no  case  exceed  five  mills  \  provided,  however,  the  city  council 
may  provide  by  ordinance  that  all  property  lying  within  the  cor- 
porate limits  of  any  city  acting  under  a  special  charter,  and 
which  is  not  now  subject  to  tax  for  city  purposes,  by  reason 
of  the  said  property  being  used  for  agricultural,  horticultural 
or  gardening  purposes,  shall  be  subject  to  a  road  tax  not  ex- 
ceeding the  sum  of  forty  cents  for  each  one  hundred  dollars 
of  the  valuation  thereof,  for  the  purpose  of  keeping  in  repair, 
the  roads,  streets  and  bridges  lying  within  that  part  of  such 
city  where  the  property  is  not  subject  to  taxation  for  city 
purposes. 

Sec.  16.  When,  by  the  provisions  of  special  charters,  taxes 
or  revenue  of  any  kind  are  required  to  be  collected  by  the 
marshal  or  any  other  designated  officer,  the  city  council  of 
any  such  city  shall  have  the  power  to  provide  by  ordinance 
for  the  collection  of  such  taxes  or  revenue,  and  the  discharge 
of  all  other  duties  relating  thereto  by  any  other  officer  or 
person. 


STATUTES   CONCERNING   CITIES. 


217 


Sec.  17.  Cities  acting  under  special  charters  shall  have 
power  to  provide  by  ordinance  for  the  numbering  of  houses 
by  the  owners  or  lessees  thereof. 

Sec.  18.  All  such  cities  shall  have  power  to  require  the 
owner  or  lessee  of  any  lot  or  tract  of  ground  extending  into, 
across,  or  bordering  on  any  hollow  or  ravine  which  consti- 
tutes a  drain  for  surface  water,  or  a  water  course  of  any  kind, 
who  shall  by  grading  or  filling  such  lot  or  tract  of  ground  ob- 
struct the  flow  of  water  through  such  water  courses,  to  con- 
struct through  such  lot  or  land  such  a  drain  or  passage  way 
for  water  as  the  council  may  designate,  and  to  enforce  the 
same  by  proper  penalties,  or  the  city  may  construct  such 
drains  at  the  expense  of  the  owners,  and  assess  the  cost 
thereof  on  the  lots  or  tracts  of  ground. 

Sec.  19.  All  such  cities  shall  have  power  to  enforce  the 
payment  of  poll  tax  in  such  manner  as  it  may  determine  by 
suit,  penalties  or  otherwise,  as  may  be  provided  by  ordinance. 

Sec.  20.  In  regard  to  the  police  powers,  sanitary  regula- 
tions, and  regulations  for  the  prevention  and  spread  of  fires, 
and  of  contagious  diseases,  the  enumerated  powers  shall  not 
be  construed  as  a  limitation  of  the  general  powers. 

Sec.  21.  No  general  law  as  to  powers  of  cities  organized 
under  the  general  incorporation  act,  shall  in  any  manner  be 
construed  to  affect  the  charter  or  laws  of  cities  organized 
under  special  charters,  and  while  they  continue  to  act  under 
such  charters,  unless  the  same  shall  have  special  reference  to 
such  cities. 

Sec.  22.  That  section  7,  chapter  238,  acts  of  the  sixth  Gen- 
eral Assembly  of  the  State  of  Iowa,  approved  January  27th,  A. 
D.  1857,  t>e,  and  the  same  is  hereby  repealed. 


CHAPTER  174,  ACTS  OF  SEVENTEENTH  GEN- 
ERAL ASSEMBLY  AMENDING  SECTION  6,  OF 
CHAPTER  116,  LAWS  OF  THE  SIXTEENTH  GEN- 
ERAL ASSEMBLY. 


1.  Subsequent  taxes  paid  by  purchasers 
at  tax  pales,  penalty  added  to.  Such  pen- 
alty not  to  attach  unless  tax  has  been  de- 
linquent for  thirty  days. 


2-  Sales  for  taxes    hithertofore  made   not 
to  be  affected  by  preceding  section. 


Be  it    enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section   i.  That  section  6,  of  chapter   116,  laws  of  the  six- 
teenth General  Assembly,  be  and  the  same  is  hereby  amended 

28 


21 8  APPENDIX. 

by  inserting  after  the  word  "sale,"  in  the  eleventh  line  of  said 
section  6,  the  following  words,  to-wit:  And  also  the  amount 
of  all  taxes,  either  annual  or  special,  with  interest  and  costs, 
paid  at  any  time  by  the  puKchaser  subsequent  to  the  sale,  and 
a  similar  penalty  of  twenty  per  cent,  added  as  before  on  the 
amount  of  the  payment  made  at  any  subsequent  time  with  ten 
per  cent,  interest  per  annum  on  the  whole  of  such  amount 
or  amounts  from  the  day  or  days  of  payment.  Pro- 
vided, That  such  penalty  f«)r  the  non-payment  of  the 
taxes  at  any  such  subsequent  time  or  times  shall  not  attach 
unless  such  subsequent  tax  or  taxes  shall  have  remained  un- 
paid for  thirty  days  after  they  become  delinquent. 

Sec.  2.  The  provisions  of  the  above  section  shall  not  in 
any  manner  affect  the  sales  for  city  taxes  heretofore  made  by 
cities  acting  under  special  charters. 


SECTION  3,  OF  CHAPTER  3,  OF  ACTS  OF  1868,  CER- 
TIFYING TAXES.* 

*  *  -x-  *  Yj^g  (.j^y  council  or  trustees  of  any  incorpor- 
ated city  or  town,  acting  under  special  charter,  may,  if  they 
deem  best,  cause  to  be  certified  up  to  the  clerk  of  the  board 
of  supervisors,  all  taxes,  rates  and  special  assessments  the 
same  as  though  said  city  or  town  had  been  incorporated  un- 
der the  general  incorporation  law,  known  as  chapter  51,  of 
the  revision  of  i860,  and  the  amendments  thereto  ;  and  when 
so  certified,  said  taxes,  rates  and  special  assessments  shall  be 
collected  and  accounted  for  in  all  respects  the  same  as  is  pro- 
vided by  section  3,  chapter  25,  of  the  acts  of  the  tenth  General 
Assembly. 

*Tlie  first  and  second  sections  of  this  act,  are  omitted,  as  they  confer  upon    the  city,    no 
power  it  did  not  previously  possess. 


STATUTES   CONCERNING   CITIES.  219 


P 

■^HAPTER   99,    ACTS   OF  SEVENTEENTH  GENERAL 
H  ASSEMBLY,  PROMOTING   THE  COLLECTION  OF 

B  REVENUE  IN   INCORPORATED   CITIES  ACTINGL 

H  UNDER  SPECIAL  CHARTERS,  AND  TO    LEGAL- 

H  IZE  THE  TAXES  HERETOFORE  LEVIED  THERE- 

H  IN  AND  SALES  MADE  THEREUNDER. 

B 


1.  City  council  may  provide  for  certifying 
tax  levied  to  county  auditor;  county  auditor 
to  place  the  same  on  the  tax  books  of  the 
county;  county  collector  to  collect  the  same 


I 


in  the  same  manner  that  county   taxes  are 
collected. 

2.  Acts  heretofore  done  by  city  officers  in 
certifying  tax  to  auditor  and  in  sales  made 
by  county  collector  validated. 


I 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  i.  That  the  council  of  each  municipal  corporation 
acting  under  special  charter,  may,  if  they  deem  it  expedient, 
provide  by  ordinance  for  certifying  to  the  auditor  of  the  coun- 
ty in  which  such  city  is  situated,  on  or  before  the  first  Monday 
of  September  of  each  year,  or  such  other  time  as  may  be  fixed 
by  law  for  the  levy  of  state  and  county  taxes,  the  per  centage 
or  number  of  mills  on  the  dollar  of  tax  levied  for  all  city  pur- 
poses by  them  on  the  taxable  property  within  the  corporation 
for  the  year  then  ensuing,  as  shown  by  the  assessment  roll  of 
said  city  for  said  year,  and  the  county  auditor,  when  such  cer- 
tification is  made,  is  required  to  place  the  same  on  the  tax 
books  of  the  county  in  the  same  manner  as  state  and  county 
taxes  are  placed  thereon,  which  tax  for  municipal  purposes 
shall  be  collected  and  paid  over  to  the  proper  officer  by  the 
county  treasurer  with  the  same  restrictions,  powers  and  liabili- 
ties and  under  the  same  regulations  as  to  pov/er,  mode  and 
manner  of  proceeding  in  every  respect  as  in  relation  to  state 
and  county  taxes,  and  in  all  things  relating  to  the  sale  of  real 
and  personal  property,  he  is  authorized  and  required  to  pro- 
ceed according  to  the  provisions  of  the  statutes  regulating  the 
sale  of  property  for  delinquent  state  and  county  taxes  and  in 
all  sales  for  such  or  any  delinquent  taxes  for  municipal  pur- 
poses, if  there  be  other  delinquent  taxes  due  from  the  same 
person,  or  a  lien  on  the  same  property,  the  sale  shall  be  for 
all  the  delinquent  taxes  and  such  sales  and  all  sales  made 
under  or  by  virtue  of  this  act  shall  be  of  the  same  validity, 
and  in  all  respects  be  deemed  and  treated  as  though  such 
sales  had  been  made  for  delinquent  state  and  county  taxes 
exclusively. 

Sec.  2.  That  all  acts  of  the  officers  of  cities  incorporated 
under  special  charters  in  heretofore  certifying  the  taxes  levied 
or  rates  of  taxes  to  the  county  auditor,  and  all  collections, 
and  tax  sales  made  thereunder,  be  and  the  same  are  hereby 


220  APPENDIX. 


declared  in  all  respects  as  valid,  binding,  effective  and  conclu- 
sive as  if  the  power  to  so  certify  and  sell  had  been  expressly 
conferred  by  law,  but  nothing  herein  contained  shall  have  the 
effect  to  make  valid  any  sale  for  taxes  which  would  be  invalid 
under  any  other  provision  of  law. 


CHAPTER     2^,     OF     ACTS   OF    1872,    RELATING    TO 
TAXES  LEVIED  FOR  BRIDGE  PURPOSES. 

1.  When  cities  and  towns  are  entitled  to    |       2.  Duty  of  connty  treasurer,  etc. 
bridge  tax.  I 

Section  i.  The  incorporated  cities  and  towns  of  this  State 
within  the  limits  of  which  bridges  are  constructed  over  run- 
ning streams  and  maintained  at  the  expense  of  such  cities 
and  towns  shall  be  entitled  to  all  bridge  taxes  levied  by  county 
authorities  and  collected  on  property  within  the  limits  of  such 
cities  and  towns:  Provided,  That  this  act  shall  only  apply 
where  bridges  exceeding  seventy-five  feet  in  extreme  length 
have  been  or  shall  be  constructed  and  maintained  by  such 
municipal  authority. 

Sec.  2.  The  country  treasurer  shall  pay  to  the  proper  mu- 
nicipal officers  all  the  money  in  his  hands  which  come  within 
the  provisions  of  the  foregoing  section  at  the  same  time  and 
in  the  same  manner  as  other  funds  collected  for  city  and  town 
purposes.  Provided,  That  wherever  the  taxes  so  levied  and 
tolls  collected  and  paid  over  to  the  proper  municipal  officer 
shall  have  amounted  to  the  cost  of  constructing  and  main- 
taining such  bridges,  the  bridge  tax  herein  provided  for  shall 
therefore  remain  in  the  county  treasury  for  general  bridge 
purposes,  subject  only  to  the  cost  of  maintaining  such  muni- 
cipal bridges  in  good  condition  and  repair. 


PART  OF  CHAPTER  i,  OF  ACTS  OF  1872,  AUTHOR- 
IZING THE  APPROPRIATION  OF  MONEY  TO 
BUILD  BRIDGES. 

Section  i.  The  common  council  of  any  incorporated  city 
within  the  state  may  appropriate  sum  not  exceeding  ten  dollars 
per  lineal  foot,  to  aid  the  construction  of  any  county  bridge 
within  the  limits  of  such  city. 


STATUTES   CONCERNING   CITIES. 


221 


I 


CHAPTER  5,  OF  LAWS  OF  1874,  EMPOWERING  CITIES 
AND  TOWNS  TO  MAKE  CONTRACTS  WITH 
RAILROAD  AND  BRIDGE  COMPANIES  FOR  THEr 
USE  OF  WAGON  BRIDGES  ACROSS  RIVERS. 

Section  i.  All  cities  situated  on  any  river  in  the  state, 
whether  organized  and  existing  under  special  charter  or  by  gen- 
eral law,  and  from  which  to  the  opposite  shore  of  any  of  said 
rivers  a  bridge  has  been  or  may  be  constructed  by  any  rail- 
road or  other  private  company,  corporation  or  person,  shall 
have  power  to  contract  with  the  company,  corporation  or  per- 
son owning  such  bridge  for  the  use  of  the  same  as  a  public 
highway  jointly  with  any  company,  corporation  or  person  hav- 
ing or  desiring  the  right  to  use  the  same  for  the  passage  of 
cars  propelled  by  steam  or  otherwise,  and  in  such  contract 
may  have  the  right  to  assume  sole  liability  for  damages  to 
persons  or  property  by  reason  of  their  being  on  any  part  of 
said  bridge  or  on  an  approach  to  either  end  thereof  caused  by 
the  running  of  cars  or  locomotives  by  any  corporation,  com- 
pany or  person  entitled  to  use  said  bridge,  whether  such  dam- 
age results  from  the  negligence  of  the  persons  engaged  in  run- 
ning said  cars  or  locomotives  or  otherwise,  and  to  indemnify 
and  save  harmless  the  owners  of  said  bridge  and  any  and  all 
corporations,  companies  or  persons  entitled  to  use  the  same 
from  all  liability  for  damage  so  caused,  and  said  city  may 
thereafter  manage  and  control  said  bridge,  either  as  a  free  or 
a  toll  bridge,  and  prescribe  such  rates  of  toll  as  to  it  from  time 
to  time  ma)'  seem  proper,  and  make  all  necessary  police  reg- 
ulations for  the  government  of  said  bridge. 


CHAPTER  31.   OF  LAWS  1872,  RELATING  TO   POLL 
TAXES  IN  CITIES  AND  TOWNS. 


1.  Municipal  corporations  having  control 
of  streets  may  require  male  residents  be- 
tween twenty-one  and  fifty  to  work  on  same- 


2.  Forfeiture  for  non-compliance.    Collec- 
tion. 


Section  i.  Municipal  corporations,  whether  organized  un- 
der special  charters,  or  under  the  provisions  of  chapter  fifty- 
one,  revision  of  i860,  and  where  by  the  terms  of  the  charter 
the  same  are  invested  with  the  care  and  control  of  streets 
and  highways  within  their  respective  limits,  are  hereby  em- 
powered to  provide  by  ordinance  that  all  able-bodied  male 
residents  of  the  incorporation,  between  the  ages  of  twenty-one 
and  fifty  years  shall,  between  the  first  day  of  April  and  the  first 
day  of  September  in  each  year,  either  by  themselves  or  satis- 


222 


APPENDIX. 


factory  substitutes,  perform  two  days'  labor  upon  the  streets, 
alleys  or  highways  within  said  incorporation,  at  such  time  and 
places  as  the  proper  officer  may  direct  and  upon  three  days' 
notice  in  writing  given. 

Sec.  2.  That  said  municipal  incorporations  may  further 
provide,  by  ordinance,  that  for  each  days'  failure  to  attend  and 
perform  such  labor  as  required,  at  the  time  and  place  specified, 
the  delinquent  shall  forfeit  and  pay  to  the  corporation 
any  sum  not  exceeding  two  dollars  for  each  days'  delin- 
quency, and  that  all  such  sums  remaining  unpaid  on  the 
first  day  of  September  in  each  year,  may  be  treated  and  col- 
lected as  taxes  on  property,  and  the  same  shall  be  a  lien  on 
all  the  property  of  the  delinquent,  that  may  be  listed  for  tax- 
ation and  assessed  and  owned  by  him  on  the  first  day  of 
November  of  the  same  year. 


CHAPTER  51,  PAGE  40,  ACTS  OF  1874,  CONCERNING 
THE  IMPROVEMENT  OF  ALLEYS. 


4.  Mode  of  making  assessment. 

5.  Costs  not  to   be    paid   out   of    general 
funds  of  corporation. 


1.  City  and   town   councils  may  provide 
for  grading  alleys.    Assessment  of  expense. 

2.  Work  to  be  let  by  contract. 

3.  Assessments  a  lien  upon  property. 

Section  i.  The  city  councilor  trustees  of  any  incorporated 
city  or  town,  organized  under  special  charter  or  under  the 
provisions  of  the  general  incorporation  laws  of  the  state,  are 
hereby  authorized  and  empowered  to  provide  by  ordinance 
for  the  improvement  of  alleys,  in  said  city  or  town,  by  grad- 
ing the  same,  and  for  the  assessment  of  the  expenses  thereof 
upon  the  owners  of  lots  or  parcels  of  land  abutting  on  said  al- 
ley/r<?  rata,  according  to  the  front  feet  of  said  lots  or  parcel 
of  land; /r^e^/i/^*/,  that  such  ordinance  shall  not  be  adopted 
except  after  the  presentation  to  said  council  of  a  written  peti- 
tion for  the  improvements  of  such  alley,  signed  by  a  number 
of  the  owners  of  property  so  to  be  assessed  therefor  equal  to 
a  majority  of  the  owners  of  such  property.* 

Sec.  2.  It  shall  be  the  duty  of  such  city  council  or  trustees 
to  require  the  work  of  grading  such  alley  to  be  done  under 
contract  therefor,  to  be  entered  into  with  the  lowest  respon- 
sible bidder;  provided,  that  all  bids  for  such  work  may  be  re- 
jected by  such  council  or  trustees,  if  by  them  deemed  to  be 
exorbitant,  and  new  bids  ordered. 

Sec.  3.  All  assessments  for  the  grading  of  alleys  under  this 
act  shall  be  a  lien  upon  the  lots  and  lands  assessed,  and  shall 

*See  ante-section  12,  of  chapter  116,  of  acts  of  1876. 


STATUTES   CONCERNING   CITIES. 


223 


I 


bear  the  same  rate  of  interest,  and  the  said  property  assessed 
may  be  sold  for  payment  thereof  in  the  same  manner,  at  any 
regular  or  adjourned  sale,  with  the  same  forfeiture,  penalties, 
and  rights  of  redemption,  and  certificates  and  deeds  on  suchr 
sales  shall  be  made  in  the  same  manner  and  with  like  effect, 
as  in  cases  of  sales  for  non-payment  of  the  annual  taxes  of 
such  cities  or  towns  respectively,  as  now  or  hereafter  provided 
by  law  in  respect  thereto. 

Sec.  4.  Such  city  council  or  trustees  may  provide  by  ordi- 
nance for  the  particular  mode  of  making  and  returning  the 
assessment  hereinbefore  authorized,  and  payment  of  such  as- 
sessments may,  if  so  directed  by  said  council  or  trustees,  be 
enforced  in  the  manner  and  by  the  proceedings  provided  for 
by  sections  478,  479  and  481  of  the  code. 

Sec.  5.  That  so  much  of  section  465  of  chapter  10,  title  4, 
as  requires  the  expense  of  the  grading  of  alleys  to  be  paid 
out  of  the  general  funds  of  any  incorporated  city  or  town,  be 
and  the  same  is  hereby  repealed. 


I 


4.  Application  of  act. 

5.  Limitation  of  amount  of  bonds. 


CHAPTER  19,  PAGE  20.  OF  ACTS  OF  1872,  ENABLING 
CITIES  AND  TOWNS  TO  SETTLE,  ADJUST,  AND 
COMPOUND    INDEBTEDNESS.* 

1.  Cities,  towns  and  counties  autiiorized  3.  Terms  of  adjustment, 
to  adjust  tlieir  indebtedness    and  to    issue 
new  securities. 

2.  Same  authorized  to  levy  the  necessary 
taxes  and  enforce  liquidation  of  renewed 
debts. 

Section  i  .  Cities,  towns  and  counties  are  hereby  author- 
ized to  settle,  adjust,  compound,  extend  or  renew  debts,  owing 
by  the  bonds  or  other  negotiable  promissory  instruments  of 
such  corporations,  and  to  issue  new  securities  for  such  debts. 

Sec.  2.  Said  corporations  are  hereby  authorized,  whenever 
any  extension  or  renewal  of  said  indebtedness  is  made,  to 
provide  by  the  levy  and  collection  of  annual  taxes,  at  the  same 
time  and  in  the  same  manner  as  for  the  levy  and  collection  of 
other  taxes  for  the  prompt  payment  of  the  interest  and  prin- 
cipal of  such  renewed  debt;  and  the  levy  collection  and  pay- 
ment of  taxes,  to  liquidate  the  principal  and  interest  of  said 
renewed  debt  may  be  enforced  in  case  of  default  by  writ  of 
mandamus  or  other  proper  legal  process. 

Sec.  3.  Said  corporation  may  settle,  adjust,  compound,  ex- 
tend or  renew  such  indebtedness  upon  such  terms  as  they  may 
deem  just  and  for  their  welfare. 


*See  chapter  69,  of  acts  of  1872;  and  chapter  57,  of  acts  of  1876. 


224  APPENDIX. 

Sec.  4.  This  act  is  intended  to  apply  only  to  the  settlement 
of  bonds  and  securities  heretofore  issued,  not  including  war- 
rants or  other  evidences  of  debt,  issued  for  current  expenses 
and  outstanding  at  the  time  of  the  passage  and  approval 
hereof 

Sec.  5.  New  bonds  issued  by  virtue  hereof  shall  in  no  case 
be  for  a  greater  sum  than  the  principal  and  accrued  or  earned 
interest  unpaid  on  the  bond  or  debts  in  place  of  which,  or  for 
the  payment  of  which,  they  shall  be  given. 


CHAPTER  69,  PAGE  73,  ACTS  OF  1872,  PROVIDING 
FOR  THE  PAYMENT  OF  BONDS  ISSUED  BY 
CITIES  AND  TOWNS  UNDER  CHAPTER  19  OF 
LAWS  OF  1872. 

1.  Bonds  to  pay  indebtedness  may  be  col-   1       2.  Provision  prohibiting  compounding  of 
lected  through  the  auditor  of  state.  railroad  bonds  repealed. 

Section  I.  Section  5  of  chapter  54  of  the  laws  of  the  thir- 
teenth General  Assembly  shall  be,  and  is  hereby,  made  appli- 
cable to  any  bonds  hereafter  issued  by  towns,  cities  or  coun- 
ties under  chapter  58,  (xix)  of  the  laws  of  the  fourteenth  Gen- 
eral Assembly, 

Sec.  2.  Section  6,  of  said  chapter  54,  of  the  laws  of  the 
thirteenth  General  Assembly  is  hereby  repealed. 


CHAPTER  57,  PAGE  47,  OF  ACTS  OF  1876,  AUTHOR- 
IZING CITIES  AND  TOWNS  TO  ADJUST  CER- 
TAIN INDEBTEDNESS  AND  TO  PROVIDE  FOR 
THE  PAYMENT  OF  THE  SAME. 


3.  This  act  not  to    apply  to  current  ex- 
penses. 

4.  New  securities. 


1.  May  settle    and     adjust    indebtedness 
and  issue  new  securities. 

2.  May  levy  special  tax  to    pay  principal 
and  interest. 

Section  i.  That  cities  and  towns  are  hereby  authorized, 
upon  such  terms  as  they  may  deem  just  and  for  their  best  in- 
terest to  settle,  adjust,  renew  or  extend  such  indebtedness  as 
may  be  owing  by  or  claimed  against  them  and  evidenced  by 
the  bonds  or  other  negotiable  promissory  instruments  of  such 
municipal  corporations,  and  to  issue  new  securities  for  such 
indebtedness,  except  as  hereinafter  mentioned. 

Sec.  2.  Said  several  corporations  are  hereby  authorized, 
whenever  any  extension  or  renewal  of  such  indebtedness,  is 


. 


STATUTES   CONCERNING   CITIES. 

made,  to  provide  for  the  payment  of  the  interest  and  principal 
of  such  extended  or  renewed  indebtedness  by  the  levy  and 
collection  of  the  necessary  taxes  at  the  same  time,  and  in  the 
same  manner  as  other  taxes;  and  the  levy,  collection  and  pay- 
ment of  such  taxes  may  be  enforced  by  proper  legal  process 
when  necessary,  in  addition  to  the  ordinary  means  provided 
by  law  for  the  levy  and  collection  of  taxes. 

Sec.  3.  This  act  is  intended  to  and  shall  apply  only  to  the 
settlement,  adjustment  and  extension  or  renewal  of  bonds  and 
securities  heretofore  issued  and  outstanding  at  the  time  of  this 
act,  and  not  including  warrants  or  other  evidences  of  indebt- 
edness issued  or  incurred  for  current  expenses  of  such  corpor- 
ations. 

Sec.  4.  New  bonds  or  securities  issued  by  virtue  hereof,  shall 
in  no  case  be  for  a  greater  sum  than  the  principal  and  accrued 
interest  unpaid  on  the  bond  or  security  for  which  such  new 
bond  or  security  may  be  given. 


CHAPTER  12,  PAGE  14,  OF  ACTS  OF  i8;o,  PROVID- 
ING FOR  THE  ELECTION  OF  A  POLICE  JUDGE 
AND  THE  ESTABLISHMENT  OF  A  POLICE 
COURT  IN  CITIES  ACTING  UNDER  SPECIAL 
CHARTERS. 

3.  Making  such  election  optional  with  the 


1.  Citiei?  under  special  charters  may  elect 
police  judges. 

2.  Powers  of  same. 


city 
4.  Moneys  to  be  accounted  for. 


Section  i.  The  legal  voters  of  any  city  in  the  State  of 
Iowa,  now  acting  under  the  provisions  of  special  charters 
heretofore  granted,  may,  at  their  next  annual  election,  and 
every  two  years  thereafter,  at  the  time  of  electing  municipal 
officers  of  such  corporation,  elect  a  suitable  person  to  be 
known  as  police  judge,  who  shall  qualify  and  give  bond  in  like 
manner  as  justices  of  the  peace  are  required  to  do. 

Sec.  2.  Whenever  any  such  city  shall  have  elected  a  police 
judge,  as  aforesaid,  all  the  powers,  jurisdiction,  duties  and 
emoluments  of  said  judge  and  his  court  shall  be  the  same  as 
are  now  provided  by  sections  11 17,  11 18,  11 19  and  1120,  of 
chapter  51,  of  the  revision  of  i860,  providing  for  such  an  offi- 
cer  in  cities  acting  under  the  general  incorporation  law  for  in- 
corporated cities  and  towns,  the  same  as  though  said  sections 
were  herein  specially  set  forth. 

Sec.  3.  Nothing  herein  contained  shall  be  construed  to 
compel  any  such  city  to  elect  a  police  judge,  where  they  may 
choose  to  dispense  with  the  same. 

29 


226  APPENDIX. 

Sec.  4.  All  moneys  coming  into  the  hands  such  police  of 
judge  in  his  official  capacity,  shall  be  accounted  for  in  the 
same  manner  as  justices  of  the  peace  are  required  to  account 
for  money  coming  into  their  hands  officially. 

The  following  are  the  sections  of  the  Revision  of  i860,  re- 
ferred to  in  the  preceding  act. 

Section  1117.  The  police  judge  shall  have  in  all  criminal 
cases  the  powers  and  jurisdiction  that  are  or  may  be  by  law 
vested  in  justices  of  the  peace  of  the  county  in  all  respects 
whatsoever;  he  shall  also  have  the  powers  to  take  acknowl- 
edgements of  deeds  and  other  writings,  he  shall  have  jurisdic- 
tion of  all  ordinances  of  the  city,  and  of  all  cases  of  petit  lar- 
ceny and  other  inferior  offenses  which  do  not  require  an  in- 
dictment or  presentment  by  the  grand  jury,  with  power  to 
hear  and  determine  the  same,  where  a  jury  is  not  demanded 
in  cases  where  it  may  be  properly  claimed.  The  police  judge 
of  any  such  city  shall  have  power  to  hold  court  to  be  styled 
the  '*  police  court.  "  Every  such  police  court  shall  be  deemed 
a  court  of  record,  shall  have  a  seal  to  be  provided  by  the  city 
council,  with  the  name  of  the  state  in  the  center,  and  the 
style  of  the  court  around  the  margin,  and  shall  have  like  ju- 
risdiction as  a  court  as  is  or  may  be  invested  in  the  judge 
holding  the  same  ;  and  shall  also  have  jurisdiction  and  power 
to  hear  and  determine  all  cases  of  violation  of  the  ordinances 
of  the  city  which  shall  be  prosecuted  in  the  name  or  in  the 
behalf  of  the  city;  and  in  all  cases  of  petit  larceny,  or  other 
inferior  offenses  committed  within  the  limits  of  the  city  or 
within  one  mile  thereof,  and  which  the  constitution  or  some 
law  of  the  state  does  not  require  to  be  prosecuted  by  indict- 
ment or  presentment  of  a  grand  jury;  and  prosecutions  for 
such  offenses  shall  be  brought  and  conducted  in  the  name  of  the 
state.  And  for  the  proper  exercise  of  such  jurisdiction,  such 
police.court  shall  have  in  respect  of  the  issuing  of  process,  the 
preserving  order  and  punishing  contempts,  the  administering 
oaths,  the  summoning  and  empaneling  juries  or  otherwise, 
all  the  persons*  incident  to  the  district  courts  in  the  hearing 
and  determining  like  cases. 

Sec.  1 118.  The  police  judge  holding  the  police  court  shall 
be  entitled  to  receive  in  all  criminal  cases,  prosecuted  in  be- 
half of  the  state,  the  same  fees,  to  be  collected  in  the  same 
manner,  as  is  or  may  be  provided  by  law,  as  the  justice  of  the 
peace  in  like  cases,  and  in  cases  prosecuted  in  behalf  of  the 
city,  such  fees  not  exceeding  fees  for  the  services  of  the  like 
nature  in  state  prosecutions,  as  the  council  may  by  ordinance 

*This  ia  evidently  a  mbprint,  it  should  be  '■'powers.'" 


STATUTES   CONCERNING   CITIES.  22/ 

prescribe,  and  shall  also  receive  such  future  salary  or  compen- 
sation as  the  city  council  in  like  manner  may  prescribe. 

Sec.  1 1 19.  The  police  court  shall  always  be  open  for  the 
dispatch  of  business,  but  may  adjourn  from  day  to  day,  or 
from  time  to  time,  and  the  mode  in  which  cases  shall  be 
brought  before  the  court  shall  be  regulated  by  the  ordinances 
of  the  city  council  or  rule  of  the  court;  the  jurors  in  said 
court  shall  have  the  qualifications  of  jurors  in  the  district 
court,  the  police  judge  shall  adopt  such  rules  of  practice  and 
proceedings  as  will  give  to  all  the  parties  a  proper  statement 
any  charge  against  them,  full  opportunity  of  being  heard 
but  (at  thej  dispatch  the  business  of  the  court  with  conven- 
ient speed. 

Sec.  1120.  Any  final  conviction  or  sentence  of  the  police 
court  may  be  examined  into  by  the  district  court  on  certiorari 
which  may  be  allowed  by  such  court  or  judge  thereof,  for 
sufficient  cause  and  proceedings  may  be  stayed  on  such  terms 
as  may  be  deemed  reasonable  ;  such  police  judge  or  court 
shall  on  such  certiorari,  all  matters  of  record  on  file  touching 
the  proceedings,  or  a  transcript  thereof,  and  any  facts  which 
may  have  been  noted  by  the  judge,  or  certified  in  the  nature 
of  a  bill  of  exceptions  at  the  time  of  trial,  which  it  shall  be 
the  duty  of  the  judge  on  the  request  of  the  party  to  do,  and 
on  such  return  the  district  court  shall  make  such  order  as 
right  and  justice  shall  require,  and  may  either  discharge  the 
party  or  set  aside  the  conviction  and  order  another  trial,  or 
dismiss  the  certiorari,  and  order  a  precedendo,  but  no  convic- 
tion or  sentence  of  any  such  judge  shall  be  set  aside  or  disre- 
garded for  want  of  any  technical  averment  that  any  matter  or 
thing  is  within  their  jurisdiction  and  in  like  manner  as  is  above 
provided  may  a  conviction  for  the  violation  of  any  ordinance 
before  the  mayor  of  any  corporation,  be  examined  and  revised. 


CHAPTER  13,  ACTS  OF  1872,  CITIES  AND  TOWNS 
MAY  AID  IN  THE  CONSTRUCTION  AND  REPAIR 
OF  ROADS  LEADING  THERETO. 

1.  Towns  may  devote  part  of  road  tax  to    I    payers,  council  to  submit  question  of  specia^ 
roads  leading  thereto.  election,  etc. 

2.  Upon  petitio  n  of  one-thiid  resident  tax- 

Section  I.  It  shall  be  lawful  for  any  incorporated  city*  or 
town  to  aid  in  the  construction  and  repair  of  any  road  or  roads 
leading  thereto  by  appropriating  therefor  a  portion    of  the 

♦The  word  city  was  added  to  section  1.  the    above  statute,  by  chapter  197,  of  the  acts  of 
1872,  page  104. 


228  APPENDIX. 

road  tax  belonging  to  said  incorporated  town  or  city  not  ex- 
ceeding fifty  per  cent,  thereof  annually  as  hereinafter  provided. 
Sec.  2.  Whenever  a  petition  shall  be  presented  to  the  coun- 
cil of  any  incorporated  town  signed  by  one-third  of  the  resi- 
dent tax-payers  of  said  town  asking  that  the  question  of  aid- 
ing in  the  construction  or  repair  of  any  road  or  roads  leading 
thereto  be  submitted  to  the  voters  thereof,  it  shall  be  the  duty 
of  the  council  of  said  town  to  immediately  give  notice  of  a 
special  election  by  posting  five  notices  in  public  places  in  said 
lown  at  least  ten  days  before  said  election,  which  notice  shall 
specify  the  time  and  place  of  holding  said  election,  the  partic- 
ular road  or  roads  proposed  to  be  aided,  the  proportion  of  the 
road  tax  then  levied  and  not  expended,  or  next  thereafter  to  be 
levied,  to  be  appropriated,  at  which  election  the  question  of  "ap- 
propriation," or  "  no  appropriation,"  shall  be  submitted,  and  if  a 
majority  of  votes  polled  be  for  ''appropriation,"  then  the  coun- 
cil of  such  incorporated  town  shall  be  authorized  and  empowered 
to  aid  in  the  construction  and  repair  of  said  road  or  roads  to 
the  extent  of  said  appropriation,  in  the  same  manner  as  they 
otherwise  would  were  said  road  or  roads  within  the  corporate 
limits  of  said  town.  Provided,  That  no  part  of  said  road 
tax  shall  be  appropriated  or  expended  outside  of  two  miles 
from  said  town. 


CHAPTER  T^,  LAWS  OF  i860,  CONCERNING  COUNTY 
AND  STATE  ROADS  WITHIN  TOWNS  AND 
CITIES. 

1.  County  and  state  roads  must  conform  to  grade. 

Section  i  .  Such  portions  of  all  county  and  state  roads  as 
lie  within  the  limits  of  any  incorporated  town  or  city  or  in  any 
town  or  city  hereafter  incorporated,  shall  conform  to  the  direc- 
tion and  grade  and  be  subject  to  all  the  regulations  of  other 
streets  in  such  town  or  city. 


CHAPTER  IS4,  PAGE  214,  ACTS  OF  1868,  RELATING 
TO  THE  SALE  OF  INTOXICATING  LIQUORS  IN 
INCORPORATED   CITIES  AND  TOWNS. 

1.  Amendment  of  revision  of  I860.  |    may  regulate  and  prohibit  the  sale   of  cer- 

2.  Cities  and  towns  under  special  chartei"8         tain  liquors. 

Section  i.  Section  1063  of  the   revision  of  i860  is  hereby 
amended  by  striking  out  of  said  section  aJ)  after   the  words 


STATUTES   CONCERNING    CITIES. 


229 


intoxicating  liquors,"  and  inserting  in  lieu  thereof  the  fol- 
lowing words:  "  Not  prohibited  by  the  laws  of  the  state." 

Sec.  2.  All  incorporated  towns  and  cities  not  incorporated 
under  the  general  incorporation  law  shall  have  the  power  to 
regulate  or  prohibit  the  sale  of  intoxicating  liquors  not  pro- 
hibited by  state  laws,  and  such  power  to  regulate  shall  include 
the  power  to  assess  or  impose  a  tax  on  such  sale.  For  the 
purposes  of  this  act  beer  and  wine  shall  be  considered  intoxi- 
cating liquors. 


I 

I 


CHAPTER  81,  OF  ACT  OF  1870,  PROVIDING  PUNISH- 
MENT FOR  VIOLATION  OF  CITY  ORDINANCES 
AND  BY-LAWS. 

Section  i.  The  board  of  trustees,  city  council,  or  other 
legislative  power  of  any  city  or  town,  now  or  hereafter  incor- 
porated under  the  laws  of  this  state,  shall  have  power  to  pro- 
vide by  ordinance  for  the  punishment  of  any  person  found 
guilty  of  violating  any  ordinance  or  by-law  of  such  city  or 
town,  by  fine,  penalty  or  forfeiture,  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  in  jail  not  to  exceed  thirty  days  ; 
but  such  city  or  town  using  any  county  jail  shall  be  liable  to 
the  county  for  the  expenses  and  costs  of  keeping  such  prison- 
ers ;  which  may  be  recovered  by  action  therefor. 

Sec.  2.  Whenever  the  fine  and  costs  imposed  for  the  viola- 
tion of  any  ordinance  or  by-law  are  not  paid,  the  person  con- 
victed may  by  the  officer  having  jurisdiction  in  the  case  be 
committed  until  fine  and  costs  are  paid.  Provided,  however, 
that  no  imprisonment  in  such  cases  shall  be  for  more  than 
thirty  days. 


CHAPTER  10;.  LAWS  OF  1866,  PAGE  112,  CONSTITU- 
TING THE  MAYOR  AND  COUNCIL  OF  ANY  IN- 
CORPORATED CITY  OR  TOWN,  OR  THE  TRUS- 
TEES OF  ANY  TOWNSHIP  NOT  INCORPORATED, 
A  BOARD  OF  HEALTH,  AND  DEFINING  THEIR 
POWERS. 


1.  Board  of  health;  who  shall  constitute. 

2.  Powers. 

3.  Shall  publish  regulations. 

4.  Shall  abate  or  remove. 

5.  Owners  shall  remove  filth ;  fine  for  neg- 
lecting. 

6.  Notice:  how  served. 


7.  Liability  of  owners. 

8.  Streets  and  alleys  to  be  cleaned;  In- 
fectious diseases;  establishment  of  hos- 
pitals, etc. 

9.  Violation  a  misdemeanor;  penalty. 

10.  How  expenses  may  be  paid. 

11.  Notice;  duty  of  marshal. 


Section   i.  The    mayor   and  council  of  any    incorporated 


230  APPENDIX. 

town  or  city,  or  trustees    of  any    township  not  incorporated, 
shall  be  and  are  hereby  constituted  a  board  of  health. 

Sec.  2.  The  several  boards  of  health  constituted  by  this  act 
shall  have  power  to  make  such  regulations  as  they  may  deem 
necessary  for  the  public  health  and  safety  respecting  nuisan- 
ces, sources  of  filth  and  causes  of  sickness  within  their  cities 
or  towns. 

Sec.  3.  Notice  shall  be  given  by  the  board  of  health  of  all  reg- 
ulations made  by  publishing  the  same  in  some  newspaper  of  its 
town,  or,  where  there  is  no  newspaper,  by  posting  in  five 
places  in  the  town.  Such  notice  shall  be  deemed  legal  notice 
to  all  persons. 

Sec.  4.  The  board  shall  examine  into  all  nuisances,  sources 
of  filth  and  causes  of  sickness  within  its  town  or  city,  and 
shall  take  immediate  measures  to  abate,  remove  or  prevent 
the  same  wherever  found. 

Sec.  5.  The  board  shall  order  the  owner  or  occupant,  at 
his  own  expense,  to  remove  any  nuisance,  source  of  filth  or 
cause  of  sickness  found  on  private  property  within  such  time 
as  it  deems  reasonable,  and  if  such  person  neglects  to  do  so 
he  shall  forfeit  a  sum  of  not  exceeding  twenty-five  dollars  for 
every  day  during  which  he  knowingly  permits  such  nuisance 
or  cause  of  sickness  to  remain  after  the  time  prescribed  for 
the  removal  thereof. 

Sec.  6.  Such  notice  shall  be  made  in  writing  and  served  by 
the  marshal  of  the  town  or  city,  or  by  any  constable  of  the 
town,  in  the  usual  way  of  serving  notices  in  civil  suits. 

Sec.  7.  If  the  owner  or  occupant  fails  to  comply  with  such 
order  the  board  may  cause  the  nuisance,  source  of  filth  or 
cause  of  sickness  to  be  removed,  and  all  expenses  incurred 
thereby  shall  be  paid  by  such  person. 

Sec.  8.  The  board  shall  have  power  to  make  regulations  in 
relation  to  cleansing  the  streets  and  drains  of  the  city  or  town; 
in  relation  to  communication  with  houses  where  there  is  any 
contagious  or  infectious  disease;  to  establish  pest  houses  or  hos- 
pitals, and  when  deemed  expedient  and  necessary  to  prevent 
the  spread  of  any  contagious  disease,  to  remove  to  said  pest 
house  or  hospital,  any  person  sick  with  the  Asiatic  or  malig- 
nant cholera  or  other  malignant  or  infectious  disease.  To 
prohibit  or  prevent  all  communication  by,  and  with,  all  houses, 
tenements,  and  places,  and  the  persons  occupying  the  same,  in 
which  there  shall  be  any  person  sick  with  any  contagious, 
malignant  or  infectious  disease.  To  employ  all  such  persons 
as  shall  be  necessary  to  carry  into  effect  the  regulations  adopted 
and  published  according  to  the  powers  vested  in  the  board  by 


STATUTES   CONCERNING   CITIES.  23 1 

"this  act,  and  to  fix  their  compensation;  to  employ  physicians 
in  case  of  poverty,  and  to  take  such  general  precautions  and 
actions  as  it  may  deem  necessary  for  the  public  health. 

Sec.  9.  Any  person  who  shall  willfully  violate  any  of  the 
regulations  so  made  and  publifjhed  by  the  board  of  health, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  subject  to  a  fine  or  imprisonment,  such  fine  not  to 
exceed  one  hundred  dollars,  and  such  imprisonment  not  to 
exceed  thirty  days. 

Sec.  10.  All  the  expenses  incurred  by  the  several  boards 
of  health  in  the  execution  of  this  act  shall  be  a  charge  upon 
their  respective  towns  or  cities,  for   the  purpose  of  defraying 

^ which  a  tax  may  be  levied  by  such  board  of  health  upon  the 
property  in  such  town  or  city,  upon  the  valuation  of  property 
at  the  last  assessment  of  such  property,  sufficient  to  defray  all 
expenses  so  incurred. 
Sec.  II.  Ten  day's  notice  of  such  levy  shall  be  given  in 
the  manner  prescribed  bylaw  for  the  collection  of  taxes,  when 
it  shall  be  the  duty  of  the  marshal  of  such  town  or  city  to  col- 
lect the  same  and  pay  it  into  the  hands  of  the  treasurer  of  the 
board  of  health. 


CHAPTER  35,  OF  ACTS  OF  1874,  RELATING    TO   RI- 
PARIAN OWNERS. 


1.  Land  owners  upon  the  Mississippi  river    I       2.  Owners    to   receive  compensation   for 
may  erect  piers,  cribs,  booms,  &c.  railroad  right  of  way. 

Section  i.  All  owners  and  lessees  of  lands  or  lots  situate 
upon  the  lov/a  banks  of  the  Mississippi  and  Missouri  rivers, 
upon  which  property  there  is  now  or  hereafter  may  be  carried 
on  any  business  which  is  in  any  way  connected  with  the  navi- 
gation of  said  rivers,  or  to  which  the  said  navigation  is  a 
proper  and  convenient  adjunct,  are  hereby  authorized  to  con- 
struct and  maintain,  in  front  of  their  said  property,  piers,  cribs 
booms,  and  other  proper  and  convenient  erections  and  devices 
for  the  use  of  their  respective  pursuits  and  the  protection  and 
harbor  of  rafts,  lots,  floats  and  other  water  crafts;  provided, 
that  the  same  present  no  material  or  unreasonable  obstruc- 
tion to  the  navigation  of  the  stream,  or  to  a  similar  use  of 
adjoining  property. 

Sec.  2.  It  shall  not  be  lawful  for  any  person  or  corporation 
to  construct  or  operate  any  railroad  or  other  obstruction  be- 
tween such  lots  or  lands  and  either  of  said  rivers,  or  upon  the 
shore  or  margin  thereof,  unless  the  injury  and  damage  to  such 


232 


APPENDIX. 


owners  occasioned  thereby  shall  be  first  ascertained  and  com- 
pensated in  the  manner  provided  by  chapter  4,  title  10,  of  the 
Code. 


CHAPTER  90,  OF  LAWS  OF  1876,  PROVIDING  FOR 
THE  ELECTION  OF  CITY  ASSESSORS  IN  CITIES 
ORGANIZED  AND  EXISTING  UNDER  SPECIAL 
CHARTERS.  ADDITIONAL  TO  CODE,  CHAPTER 
10,  TITLE  4. 

Section  i.  That  the  qualified  electors  of  all  cities  organ- 
ized and  existing  under  special  charters,  shall,  at  their  regu- 
lar annual  election,  elect  one  city  assessor,  who  shall  hold  his 
office  for  the  term  of  one  year  and  until  his  successor  is  elect- 
ed and  qualified. 


PART  OF  CHAPTER  6,  OF  LAWS  OF  1872,  CONCERN- 
ING RAILWAY  COMPANIES.* 


3.  Companies    prohibited  from  violating 
contracts  with  municipal  corporations. 

4.  Proceedings  in  case  of  violation  by  rail- 
road companies. 

5.  Proceedings  in  equity  and  decree. 


6.  Any  court  or  judge  may  enjoin  violation 
of  act  or  contract. 

7.  Remedies  not  exclusive. 

8.  Enforeementof  order  of  court. 

9.  How  to  be  construed. 


Section  3.  Every  railroad  company,  its  successors,  assignees 
or  lessees,  which  has  heretofore  made  or  which  shall  here- 
aftermake  any  contract  with  any  municipal  corporation  in  this 
state  is  hereby  prohibited  from,  in  any  manner,  violating  any 
of  the  provisions  of  such  contract;  and  every  railroad  com- 
pany, its  successors,  assigns,  or  lessees,  which  has  heretofore 
made,  or  shall  hereafter  make  any  contract  with  any  munici- 
pal corporation  in  this  state,  is  hereby  required  to  perform 
each  and  all  of  the  provisions  of  any  and  every  such  contract 
specifically  as  agreed  therein,  and  it  is  hereby  made  its  duty 
so  to  do.  In  every  case  in  which  any  such  municipal  corpor- 
ation has  complied  with  its  obligation  relating  to  such  con- 
tract at  any  stage  of  its  fulfillment,  so  far  as  it  has  agreed  to 
do,  such  municipal  corporation  shall  not  be  required  to  fur- 
nish any  further  tender  or  guarantee  of  compliance  on  its  part 
in  order  to  secure  its  rights  in  the  courts  ;  but  in  case 
anything  remains  to  be  done  by  such  municipal  corporation 

*Section8  1  and  2  arc  omitted  because  they  are  not  of  a  general  character. 


I 


STATUTES   CONCERNING   CITIES.  233 

under  such  contract,  after  the  completion  of  the  same,  on  the 
part  of  the  railroad  company  contracting  therewith,  then  it 
shall,  after  the  enforced  compliance  on  the  part  of  such  com^ 
pany  as  hereinafter  provided,  be  required  to  fully  comply  on 
its  part. 

Sec.  4.  In  case  of  a  refusal  of  any  railroad  company,  its  suc- 
cessors, assigns,  or  lessees  to  comply  with  the  provisions  of 
section  i,  of  this  act,  or  its  failure  to  perform  the  duties  re- 
quired in  the  last  preceding  section,  or  their  doing,  or  having 
done  any  act  at  variance  with  such  performance  or  duties, 
then  the  municipal  corporation  affected  thereby,  or  with 
which  the  contract  in  that  particular  case  was  made,  may,  in 
an  action  by  mandamus,  in  any  court  of  record  in  the  county 
in  which  such  municipal  corporation  is  situated,  proceed 
against  such  company  so  failing  or  refusing,  and  such  company 
shall,  on  proper  proof,  be  required  to  perform  all  the  du- 
ties required  by  this  act  ;  and  the  general  law  for  the  action 
of  mandamus,  in  force  in  this  state,  shall  apply  in  such  a  case 
with  the  same  force  that  it  does  in  all  other  cases  in  which  it 
is  applicable,  except  as  it  is  herein  enlarged. 

Sec.  5.  In  case  any  municipal  corporation  affected  as  be- 
fore stated,  or  with  which  any  such  contract  has  been  made, 
should  not  desire  to  seek  the  remedy  given  in  the  last  pre- 
ceding section  of  this  act,  it  may  proceed  in  equity  by  the 
action  of  specific  performance  in  any  court  in  the  county  in 
which  such  municipal  corporation  is  situated,  having  jurisdic- 
tion in  equity,  and  in  case  such  court  should  find  that  a  con- 
tract had  been  made,  it  shall  by  decree  require  such  company 
so  violating  or  offering  to  violate  its  contract,  or  failing  or 
refusing  to  perform  the  provisions  thereof  to  specifically  per- 
form the  same.  • 

Sec.  6.  Any  court  or  judge  in  this  state,  to  whom  appli- 
cation shall  be  made,  shall  at  the  suit  of  any  municipal  cor- 
poration as  aforesaid,  restrain  by  injunction  the  violation 
of  an)^  provisions  of  this  act,  or  of  the  provisions  of  any  con- 
tract as  aforesaid,  and  in  such  proceeding  it  shall  not  be  neces- 
sary for  such  municipal  corporation  to  give  bond. 

Sec.  7.  The  remedies  provided  for  in  this  act  shall  not  be 
construed  to  be  exclusive. 

Sec.  8.  Any  order,  decree  or  judgment,  made  by  any  court 
in  pursuance  of  any  of  the  provisions  of  this  act,  shall  be  en- 
forced in  the  usual  manner. 

Sec.  9.  The  words  "  railroad  company  or  companies,"  in 
this  act,  shall  be  construed  to  mean  also  the  officers,  agents, 
or  employees  of  such  company  or  companies. 

30 


234 


APPENDIX. 


CHAPTER  i;2,  ACTS  OF  SEVENTEENTH  GENERAL 
ASSEMBLY.  AN  ACT  TO  AUTHORIZE  CITIES, 
TOWNS  AND  TOWNSHIPS  TO  REGULATE  THE 
SALE  OF  COAL  OIL. 


1.  City  council  may  on  petition  of  five 
inhabitants  appoint  one  or  more  inspectors 
of  coal  oil.  Inspectors  not  to  be  interested 
in  the  sale  or  manufacture  of  such  oils; 
compensation,  and  by  whom  paid.  Inspec- 
tors to  take  oath  and  give  bonds. 

2.  Inspector  to  malte  test  of  such  oil  in 
quantities  not  less  than  a  pint.  Oils  must 
show  a  Are  test  of  not  less  than  150  degrees 
Fahrenheit.     Inspectors  to  mark  on  oils  so 


tested  result  of  test.  If  oil  ignites  at  a  fire  test 
of  less  than  150  degrees,  to  mark  the  same 
condemned  for  illuminating  purposes,  name- 
ing  the  fire  test.  Inspector  to  keep  record 
of  fire  tests  made  by  him. 

3.  Inspector  may  be  punished  for  breach 
of  duty. 

4.  Penalty  for  selling  or  ottering  to  sell  for 
illuminating  purposes  coal  oil  not  tested, 
or  below  the  required  test. 


Beit  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  i.  That  the  mayor  and  council  of  any  city  or  in- 
corporated town,  or  the  township  trustees  in  townships  wherein 
no  city  or  incorporated  town  is  situated  may,  and  upon  the  peti- 
tion of  any  five  inhabitants  thereof,  shall,  annually  appoint  one, 
or  more  suitable  persons,  not  interested  in  the  sale  or  manu- 
facture of  coal  oil,  kerosene,  or  the  product  of  petroleum,  to 
be  inspectors  thereof  in  said  cities,  towns,  or  townships,  and 
fix  their  compensation,  which  shall  not  exceed  five  cents  per 
package,  to  be  paid  by  the  party  requiring  their  services,  and 
who,  before  entering  upon  the  duties  of  such  office,  shall  take 
take  and  subscribe  an  oath,  and  s,hall  also  execute  a  bond  to  the 
state  of  Iowa  in  such  sum  and  with  such  sureties  as  shall  be 
approved  by  said  council  or  township  trustees,  and  conditioned 
for  the  faithful  performance  of  his  duties;  and  any  person 
aggrieved  by  the  misconduct  or  neglect  of  such  inspector, 
may  maintain  suit  thereon  for  his  own  use  for  all  damages 
sustained. 

Sec.  2.  Upon  the  application  of  any  person,  purchaser, 
manufacturer,  refiner,  or  producer  of,  or  any  dealer  in,  such 
oils  or  fluids,  said  inspector  shall  test  the  same  with  rea- 
sonable dispatch  by  applying  the  proper  fire  test  thereto,  in 
quantities  not  less  than  one  pint,  as  indicated  and  determined 
by  some  accurate  instrument  and  apparatus  approved  and 
used  for  testing  the  quality  of  such  illuminating  oils  or  fluids, 
which  instrument  or  apparatus  the  inspector  shall  provide  at 
his  own  expense  and  cost.  If  the  oils  or  fluids  so  tested  will 
not  ignite  or  explode  at  a  temperature  less  than  one  hundred 
and  fifty  degrees  Fahrenheit,  to  be  ascertained  as  aforesaid, 
the  inspector  shall  mark,  plainly  and  indelibly,  over  his  official 
signature,  with  the  date  thereof,  on  each  cask,  barrel,  tank 
or  package  so  tested,  *'  Approved,  fire  test  being  one  hundred 
and  fifty  degrees"  or  more,  as  the  same  may  prove;    but    if 


STATUTES   CONCERNING   CITIES.  235 

such  oils  or  fluids  will  ignite  or  explode  at  a  temperature  less 
than  one  hundred  and  fifty  degrees  Fahrenheit,  then  the  in- 
spector shall  so  mark  on  each  cask,  barrel,  tank  or  package  so 
tested  "Condemned  for  illuminating  purposes,  fire  test  being 

degrees,"  as  the  same  may  prove  less  than  one  hundred 

and  fifty  degrees  Fahrenheit.  Said  inspector  shall  keep  a 
record  of  all  inspections  made  and  enter  the  same  within 
twenty-four  hours  thereafter,  in  a  book  kept  for  that  purpose, 
which  shall  be  at  all  times  accessible  for  examination  by  any 
person;  and  upon  the  termination  of  his  office,  such  inspector 
shall  turn  the  same  over  to  the  clerk  or  recorder  of  said  city, 
incorporated  town  or  township. 

Sec.  3.  Any  inspector  who  shall  falsely  brand  or  mark  any 
cask,  barrel,  tank  or  package,  or  be  guilty  of  any  fraud,  deceit, 
misconduct  or  culpable  negligence  in  the  discharge  of  any  of 
his  official  duties,  or  who  shall  either  directly  or  indirectly  deal 
in  any  such  oils  or  fluids  while  holding  the  office  of  inspector, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars 
or  imprisonment  not  exceeding  thirty  days,  and  shall  be  liable 
to  the  party  injured  for  all  damage  occasioned  thereby. 

Sec.  4..  Any  manufacturer  or  refiner  of,  or  any  dealer  in  any 
such  oils  or  fluids,  the  product  of  petrolum,  who  shall  sell  or 
offer  the  same  for  sale  to  any  person  for  illuminating  purposes 
without  the  same  shall  have  been  so  inspected,  or  shall  sell  or 
offer  for  sale  any  such  oils  or  fluids- as  aforesaid,  which  is  be- 
low the  test  of  one  hundred  and  fifty  degrees  Fahrenheit,  as 
provided  in  section  2,  of  this  act,  or  who  shall  use  any  cask, 
barrel,  tank  or  package,  with  the  inspector's  brand  or  mark 
thereon,  the  oil  or  fluid  therein  contained  not  having  been  so 
inspected,  or  who  shall  counterfeit  any  such  inspector's  brand 
or  mark,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  liable  to  the  same  penalties  pro- 
vided in,  and  subject  to  the  same  liabilities  as  set  forth,  in 
section  3,  of  this  act. 


CHAPTER  117,  ACTS. OF  SEVENTEENTH  GENERAL 
ASSEMBLY,  REDUCING  THE  LIMITS  OF  CER- 
TAIN CITIES  INCORPORATED  UNDER  SPECIAL 
CHARTERS. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section   i.  That    when    any    city    incorporated    under  a 
special  charter  and  having,  according  to   the   returns   of  the 


236  APPENDIX. 

census  taken  under  and  by  authority  of  the  State  of  Iowa,  in 
the  year  1875,  a  population  of  not  less  than  ten  thousand  nor 
more  than  twelve  thousand  inhabitants,  shall  desire  to  have 
any  portion  of  the  territory  embraced  within  its  limits  sev- 
ered from  or  stricken  out  of  the  limits  of  such  city,  the  city 
council  of  said  city  may,  upon  a  vote  of  two-thirds  of  the 
whole  number  of  members  of  such  council,  present  to  the  cir- 
cuit court  of  the  county  in  which  such  city  is  situated  a  peti- 
tion setting  forth  the  facts  and  describing-  the  territory  that 
is  desired  to  have  severed,  with  the  names  of  each  owner  of 
any  portion  of  such  territory  so  far  as  shown  by  the  assess- 
ment list  of  such  city,  which  petition  shall  have  attached 
thereto,  a  map  or  plat  of  such  territory.  A  notice  of  the  filing 
of  such  petition  shall  be  served  by  publication  in  one  of  the 
daily  papers  published  in  such  city,  for  the  period  of  four 
weeks  prior  to  the  meeting  of  the  circuit  court  in  which  said 
petition  is  filed.  And  the  city  shall  be  plaintiff  and  the  said 
owners  defendant,  and  issues  joined  and  the  cause  tried  in 
the  same  manner  as  other  causes,  so  far  as  applicable,  except 
no  judgment  shall  be  rendered  for  costs  against  the  defendants. 
If  the  court  find  the  allegations  of  the  petition  to  be  true  and 
that  justice  and  equity  require  that  said  territory  or.  any  part 
thereof  should  be  severed  from  such  city,  a  decree  shall  be 
entered  accordingly  and  from  the  time  of  entering  such  decree 
the  territory  therein  described  shall  be  severed  from  and  no 
longer  be  a  part  of  such  city. 


CHAPTER   36,   ACTS   OF  1874,  PROVIDING  FOR  THE 
STOPPING  OF  FIRES  IN  CITIES  AND  TOWNS. 


1 .  Owners  of  property  destroyed  to  pre- 
vent the  spreading  of  lire   to  receive  pay 


from  the  city  or  town. 
2.  Assignment  of  insurance  policy. 


Section  i.  That  whenever,  for  the  purpose  of  staying  the 
progress  of  a  conflagration,  the  authorities  of  any  city  or  town, 
whether  acting  under  special  charter  or  not,  shall  order  or 
cause  to  be  destroyed  any  house  or  building  not  already  on 
fire  and  adjoining  or  in  the  vicinity  of  such  conflagration, 
the  owner  thereof  shall  be  paid  for  such  property  by  such  city 
or  town;  provided,  he  shall  make  his  claim  within  thirty  days 
from  the  date  of  the  destruction  of  the  same,  and  \{  the  said 
city  or  town  shall  fail  to  make  payment  v/hen  said  claim 
is  made  and  satisfactory  proof  furnished  of  the  value  of  said 
property  so  destroyed,  the  party  owning  such  house  or  build- 
ing shall  have  the  right  to  recover  by  suit  in  any  court  having 


STATUTES   CONCERNING  CITIES.  237 

jurisdiction  of  the  same,  the  value  of  such  property  which  such 
city  or  town  authorities  may  have  caused  to  be  destroyed  to 
prevent  the  spread  of  such  conflagration. 

Sec.  2.  That  upon  the  payment  of  the  amount  to  which 
said  party  is  entitled  by  such  city  or  town,  as  provided  in 
section  i,  of  this  act,  the  party  so  paid  as  aforesaid  shall  assie^n 
and  set  over  to  said  city  or  town  all  his  right,  title  and  inter- 
est in  and  to  any  insurance  policy  or  claim  he  may  have 
against  any  insurance  company  for  said  property  so  destroyed 
or  any  part  thereof. 

I^^HAPTER  54,  ACTS    OF    1876,    RELATING    TO    THE 
n  CONSTRUCTION  OF  SEWERS. 

■ 

11 


1.  Cities  organized  under  special  charters 
may  construct  sewers  and  how  paid  for. 

2.  To  be  done  under  contract. 
Respecting  special  tax. 


4.  Council  to  provide  mode  of  assessment. 

5.  Not  conflicting  with  Code. 

6.  Cross  sewers. 

7.  Proviso. 


Section  i.  That  all  cities  in  this  state  organized  and  exist- 
ing under  special  charter,  having  a  population  of  not  less  than 
ten  thousand  as  shown  by  the  last  preceding  state  census, 
may  provide  by  ordinance  for  the  construction  of  sewers,  or 
may  divide  the  city  into  sewerage  districts  in  such  manner  as 
the  council  may  determine,  and  pay  the  cost  of  constructing 
same  out  of  the  general  revenue  of  the  city,  or  assess  the  cost 
upon  the  adjacent  property,  or  may  levy  a  certain  sewerage 
tax  within  the  sewerage  district,  out  of  which  to  pay  for  the 
construction  of  the  same,  which  sewerage  tax  shall  not  exceed 
in  any  one  year  two  mills  on  the  dollar  of  the  assessed  value  of 
the  property  within  such  district.  Or  may  pay  a  part  of  the 
cost  of  such  construction  out  of  the  general  revenue,  and  a 
part  by  levying  a  tax  upon  all  the  property  within  the  sew- 
erage district,  or  may  pay  for  the  same  by  pursuing  any  two 
of  the  methods  herein  named. 

Sec.  2.  It  shall  be  the  duty  of  such  city  council  to  require 
the  work  of  constructing  such  sewers  to  be  done  under  con- 
tract therefor  to  be  entered  into  with  the  lowest  responsible 
bidder,  and  bonds  with  surety  for  the  faithful  performance  of 
such  work  shall  be  required  to  be  given  by  the  contractors. 
Provided,  That  all  bids  for  such  work  may  be  rejected  by 
such  council,  if  by  them  thought  to  be  exorbitant  and  new 
bids  ordered. 

Sec.  3.  All  special  tax  levied  for  the  construction  of  sewers 
under  this  act  shall  be  payable  by  the  owners,  personally,  at 


238  APPENDIX. 

the  time  of  such  assessment,  and  shall  also  be  a  lien  upon  the 
lots  and  lands  so  assessed  and  shall  bear  such  rate  of  interest, 
and  the  said  property  assessed  may  be  sold  for  the  payment 
thereof  in  the  same  manner  at  any  regular  or  adjourned  sale 
or  special  sale  called  therefor,  with  the  same  forfeitures,  pen- 
alties and  rights  of  redemption  and  certificates,  and  deeds  on 
such  sales  shall  be  made  in  the  same  manner  with  like  effect 
as  in  case  of  sales  for  non-payment  of  the  ordinary  annual 
taxes  of  such  cities  respectively  as  now  or  hereafter  provided 
by  law  in  respect  thereto,  or  the  city  council  may  provide  by 
ordinance  for  the  sale  of  such  assessed  property  at  a  special 
tax  sale  to  be  called  therefor,  after  giving  notice  therefor  three 
consecutive  weeks  in  one  of  the  newspapers  published  in  said 
city;  the  last  of  which  publications  shall  be  at  least  ten  days 
before  the  day  of  sale. 

Sec.  4.  Such  city  council  may  provide  by  ordinance  for  the 
particular  mode  of  making  and  returning  the  assessments 
hereinbefore  authorized,  and  payment  of  such  assessments 
may,  if  so  directed  by  said  council,  be  enforced  by  suit  in 
court,  in  the  manner  and  by  the  proceedings  provided  for  by 
sections  478,  379,  and  481,  of  the  Code. 

Sec.  5.  Nothing  in  this  act  contained  shall  take  away,  im- 
pair or  interfere  with  the  powers  conferred  by  section  465  of 
the  Code,  for  the  construction  of  sewers  and  payment  there- 
for in  whole  as  therein  provided. 

Sec.  6.  The  city  council  shall  have  power  to  provide  by 
ordinance,  terms  and  conditions  on  which  cross  sewers  may 
be  attached  to  or  connected  with  main  sewers  ;  and  in  cases 
where  sewers  have  been  constructed  in  whole  or  in  part  by 
special  assessment,  may  pay  unto  the  parties  who  have  been 
so  assessed,  the  money,  or  a  part  thereof,  charged  and  collect- 
ed for  the  privilege  of  attaching  such  cross  sewers. 

Sec.  7.  Provided,  That  any  such  city  which  has  heretofore 
adopted  a  system  of  sewerage  by  which  the  cost  of  construc- 
tion has  been  paid  out  of  the  general  revenue,  shall  not  be 
permitted  to  abandon  such  system,  anything  in  this  law  to 
the  contrary  notwithstanding. 


CHAPTER  107,  ACTS  OF  1876,  EMPOWERING  CITIES 
TO  LEVY  A  SPECIAL  TAX  FOR  SEWERAGE 
PURPOSES. 

1.  Levy  of  two  mills  for  a  sewerage  fnnd.    I       3.  Commissioners     to     assess     damages, 

2.  May  condemn  private  property,  Construction  of  sewers. 

Section   i.  That  any  city  within  this  state  may  levy  a  tax 


I 


STATUTES   CONCERNING  CITIES.  239 

of  not  more  than  two  mills  on  the  dollar  in  addition  to  the 
maximum  tax  now  authorized  by  law  for  the  purpose  of  com- 
mencing a  general  system  of  sewerage  in  such  city,  and  the 
money  so  raised  shall  constitute  a  sewerage  fund,  and  shall  be 
applied  to  no  other  purpose. 

Sec  2.  That  when,  for  the  purpose  of  carrying  off  the  wa- 
ter of  any  stream  which  flows  within  or  through  the  said  city 
it  becomes  expedient  to  cause  a  principal  sewer  to  pass 
through  private  property,  the  right  to  condemn  such  property 
for  this  purpose  is  hereby  conferred  upon  its  council.  And 
the  powers  granted  shall  be  the  same  in  other  respects  as 
those  enjoyed  by  railway  companies,  by  and  under  the  pro- 
visions of  the  Code.  The  proceedings  to  enforce  their  powers 
shall  also  be  the  same,  except  that  all  damages  shall  be  as- 
sessed by  a  board  of  three  commissioners.  These  shall  be 
appointed  by  the  city  council  and  may  be  changed  at  the  pleas- 
ure thereof.  They  must  be  free  from  all  personal  interests 
in  subjects  brought  before  them  for  their  adjudication,  and 
they  may  decide  on  any  question  of  damages  that  may  arise 
in  respect  to  any  of  the  property  that  may  be  claimed  to  be 
injured  by  the  construction  of  said  sewer. 

Sec.  3.  That  instead  of  constructing  such  principal  sewer 
itself,  the  city  may  authorize  its  construction  by  any  individ- 
ual or  company,  and  may  agree  to  pay  therefor  out  of  the 
sewerage  fund.  And  the  city  council  may  also  make  all  need- 
ful rules  and  regulations  in  relation  to  any  of  the  sewers  in 
their  respective  cities  and  may  regulate  the  manner  in  which 
any  property  holder  may  connect  therewith  and  may  also 
prescribe  all  needful  regulations  pertaining  thereto. 


240 


APPENDIX. 


PLUMBERS.* 

An  Ordinance  to  provide  for  the  licensing  and  regulation  of 
Plumbers. 


1.  Petition  for  license  to  be  filed.  Must 
be  signed  by  applicant  and  two  others. 

2.  Bond  to  be  filed,  what  it  shall  contain. 

3.  When  bond  is  filed  and  approved  license 
to  issue,  for  from  one  to  five  years.  When 
a  new  bond  may  be  demanded. 

4.  Plumbers  and  pipe-fitters  to  make  re- 


turn in  writing  to  the  Water  Company  of  all 
connections,  &c.,  made  by  them. 

5.  Not  allowed  to  work  without  a  license. 

6.  Must  not  turn  on  water  without  per- 
mission. 

7.  Party  violating  liable  to  revocation  of 
license;  how  such  revocation  may  work. 

8.  Penalty. 


Be  it  ordained  by  the  City  Council  of  the  City  of  Muscatine : 

Section  i.  That  any  plumber  or  pipe  fitter,  wishing  to  do 
business  wath  the  Muscatine  Water  Works  Company,  or  in 
providing  facilities  for  the  use  and  consumption  of  water  fur- 
nished by  said  Company,  shall  before  receiving  license  for 
such  business,  file  in  the  office  of  the  mayor  or  recorder  of 
said  City,  a  petition  in  writing,  stating  his  name,  place  of  busi- 
ness, (and  if  a  firm,  the  name  of  each  member  thereof),  asking 
to  become  a  licensed  plumber  of  the  City  of  Muscatine,  sub- 
ject to  such  rules  and  regulations  concerning  his  said  business, 
as  the  said  City  or  said  Water  Works  Company  now  have  or 
may  hereafter  lawfully  adopt,  and  such  petition  must  be  signed 
by  the  applicant  or  applicants,  and  also  by  at  least  two  respon- 
sible citizens  of  Muscatine,  vouching  for  the  skill  and  worthi- 
ness of  the  applicant. 

Sec.  2.  Such  applicant  shall  also  file  in  the  office  of  the 
mayor  or  recorder  of  said  City,  a  bond  with  two  or  more  sure- 
ties to  be  approved  by  the  City  Council,  in  the  penal  sum  of 
five  hundred  dollars,  in  favor  of  said  City,  conditioned 
that  the  obligor  will  keep  and  save  the  City  of  Muscatine  and 
the  Muscatine  Water  Works  Company  free,  clear  and  harm- 
less from  all  damage  resulting  from  unskillfulness  in  his  said 
work  and  business,  and  that  he  will  faithfully  comply  with  and 
obey  the  rules  and  regulations  mentioned  in  the  first  section 
hereof. 

Sec.  3.  Upon  the  filing  of  such  petition  and  bond,  and  the 
acceptance  and  approval  thereof  by  the  City  Council,  there 
shall  be  granted  to  such  applicant  a  license  or  permit  to  con- 
duct said  plumbing  business  as  set  forth  in  the  first  section 
hereof,  for  a  period  of  not  less  than  one  nor  more  than  five 
years  from  the  date  of  such  grant.  And  upon  the  death,  in- 
solvency, or  removal  from  Muscatine  county,  of  any  surety 
on  such  plumber's  bond,  or  for  any  other  proper  and  reason- 


*This  ordinance  was 


subsequent  to  the  printing  of  the  foregoing  pages. 


I 


PLUMBERS.  241 

able  cause,  in  its  discretion  the   City   council   may  require   a 
new  bond  to  be  furnished  within  ten  days. 

Sec.  4.  Every  plumber  or  pipe-fitter  shall  within  forty-eigJit . 
hours  after  making  any  attachment  to,  or  connection  with, 
the  street  mains  or  other  pipes  of  the  said  Water  Works  Com- 
pany, make  full  and  complete  returns  in  writing  to  said 
company  of  all  the  uses  for  and  to  which  water  is  to  be  applied 
by,  or  through,  such  attachment  or  connection,  giving  in 
every  case  full  description  of  all  the  pipe,  fixtures,  apparatus 
and  arrangements  for  the  use  of  the  water. 

Sec.  5.  No  person  or  persons  shall  lay  any  service  pipe,  or 
do  any  plumbing  work  connected  with  the  introduction  and 
supply  of  water  from  the  works  of  said  Muscatine  Water  Works 
Company  unless  he  is,  or  they  are,  regularly  licensed  as  in 
this  ordinance  provided. 

Sec.  6.  No  plumber  shall  turn  on  the  water  from  the  street 
mains  into  any  pipe  or  connection  therewith,  except  for  the 
purpose  of  testing  his  work,  without  notice  to  and  written  con- 
sent from  the  Superintendent  of  said  Water  Works  Company. 

Sec.  7.  In  case  of  the  violation  of  any  of  the  provisions  of 
this  ordinance,  or  of  any  of  the  rules  and  regulations  men- 
tioned in  the  first  section  hereof,  by  a  licensed  plumber  or 
pipe-fitter,  the  council,  upon  the  proof  of  such  offense,  may 
revoke  the  license  of  the  party  so  offending,  or  suspend  his 
license  for  a  limited  time,  and  such  revocation  or  suspension 
shall  operate  to  revoke  or  suspend  the  license  held  by  any 
co-partner  or  employe  of  such  offender. 

Sec.  8.  Any  person  who  shall  do  any  act  or  thing  prohib- 
ited by  this  ordinance  shall,  in  addition  to  the  liabilities  and 
forfeitures  herein  before  imposed,  be  subject  and  liable  to  a 
fine  of  not  less  than  one,  or  more  than  fifty  dollars,  with  cost 
of  prosecution;  such  fine  and  cost  to  be  enforced  and  collected 
as  by  the  charter  and  ordinances  of  said  city  is  in  such  case 
provided. 

31 


INDEX. 


ACCOUNTS  AND  BOOKS.  PAGE. 

Recorder  to  keep, 40 

How  to  be  kept,   .    .....     40 

Officers  may  be  examined  at  any   time   by 
council,         .         .         ... 

Board  of  health  to  keep,     .... 

ACTION,  CIVIL.     {See  Charter,  Appendix?) 

May  be  brought  by  city  for  violation  of  or- 
dinance, ...... 

May  be  brought  by  fire  companies,  how,  . 
May  be   brought  by  city  for  special  tax  or 

assessment, 157,  213 

"May  be  brought  for  poll  tax,         .         .         .   164,  217 
Plea  of  former  recovery  is  no  bar  in  action 
on  coupons,      ...... 

City  attorney  to  prosecute,  and  defend,     . 
ADJOURNMENT.     {See  Rules  of  Order), 
ALDERMEN.     {See  Charter,  City  Council,  Election, 
Election  Contests,  Board  of  Health,  Offi- 
cers, Rules  of  Order.) 
Two  from  each  ward       .....  24 

When  and  for  what  time  elected       .         .  24,  52 

To  what  offices  ineligible      ....  29 

Must  not  be  interested  in  any  contract  with 
or  work  for  city,       ..... 

Duties  of,     .         .         .         .         .         .         .18,  19, 

Salary, 

Not  to  vote  on  any  matter   in   which  he   is 

interested,        .         .         . 
Tie  vote,  how  decided,         .... 
Elected  in  new  ward,  provision  for, 


41 
73 


27 
60 


195 
46 

20 


29 
no 
no 


19 
24 

53 


244  INDEX. 

ALLEYS.     {See  Sti'eets  and  Alleys).  PAGE. 

Appendix, 187,  215,  222 

AMENDMENT. 

How  made  to  charter,     .....  192 

Of  question  before  council,          ...  20 

Of  ordinance,  how  made,         ....  22 

ANIMALS  RUNNING  AT  LARGE.  {See  Charter.)  28 

May  be  prohibited  from  running  at  large     .  28 
Certain    animals   running   at  large   declared 

nuisances,          ......  43 

May  be  taken  and  impounded,  .         .         .  43,  44 
Marshal  to  notify  owner  of  animal  impound- 
ed, when,          ......  44 

When  to  be  released 44 

Must  be  sold  if  not  released,  ...  44 

Notice  of  sale,  how  given,  ....  43,  44 

Proceeds  of  sale,  what  done  with,  .         .         .  .44 

Fees  for  taking  up  and  selling,  ...  44 

Cruelty  to,  punished,      .         .         .         .         .  98 

APPEALS. 

From  decision  of  mayor  to  council,       .         .  19 

From  judgment  of  mayor,           ...  25 

From  judgment  of  police  judge,  .  .  .  115 
From  assessment  of  damages  for   change  of 

grade,  ......        152,  215 

APPROPRIATION  OF   MONEY. 

Rule  respecting,     .         .         .         .         .         .  21,  22 

Must  not  be  made  to   any  institution   under 

sectarian  or  ecclesiastical  control,     .  195 

ASSAULT. 

Is  a  misdemeanor,            .         .         .         *         ,  95 

ASSEMBLY. 

Disturbances  of,  prohibited,           ...  95 

ASSESSMENT.      {See    Taxes,   General  and  Special, 
Appendix^ 
Charter  provision,      ....        28,  32,  33,  37 
When  to  be  returned  to  council  and  what  it 

must  exhibit, 45 

Equalization  of,  .....  165 
Property  omitted  from  may  be  assessed,  33,  160,  166 
Erroneous,  how  corrected,     .         .         .         -33.  i57 

To  be  returned  by  wards,    ....  35 

Of  lands  in  new  limits,  ....  37 
When  to  be  certified  to  county  auditor,   156,  218,  219 


INDEX.  245 

ASSESSOR.  PAGE. 

Charter  provisions,           .         .         .         .         .  32,  33 

When  and  for  what  term  elected,       .         .  44 

Must  take  oath  and  give  bond,       ...  45 

Must  return  assessment  to  council,  when,  45 
How  to  assess  persons  refusing  to  list  their 

property, 45 

Must  administer    oath    to    each    person   as- 
sessed            ......  45 

Must  return  names  of  person  subject  to  poll 

tax, 45 

Salary, 45 

Office  of,  when  considered  vacant  ...  53 

For  county  purposes,           ....  232 

ATTORNEY,  CITY. 

How  and  for  what  term  appointed,    .         .  46 

Duties  of  and  compensation,           .         .         .  46,47 

ASSIGNATION. 

Houses  of,  prohibited,          .          .          .         .  95 

AUCTION.     {See  Auctioneers). 

AUCTIONEERS.     {See  Appendix). 

Charter  provisions,           .....  35,  36 

Must  take  out  license,         ....  79 
Can  carry  on  business  in  but  one  place  under 

one  license,       ......  79 

Must  have  written  permit  to  sell  in  street,  79 
Goods  of  non-residents,  transient  merchants 

&c.,  sold  by,  permit  required  for    .         .  80 
Who  regarded    as    non-residents   and    what 

they  must  do  to  sell  at  auction,  .         .  80 

When  license  of  may  be  revoked,  ...  81 

AUDITOR,  COUNTY.     {See  Appendix).      .       156,  218,  219 
Assessments  and  per  centage    of  tax  to  be 

certified  to,            .          .          .          .          .  156 

Must  place  the  same  on  tax  book,          .          .  157 

AWNINGS .      {See  Nuisances)  . 

How  placed,    .          .          ....  100 

AYES  AND  NOES. 

May  be  taken  on  request  of  two  members  of 

the  Council,           .....  19 

BAGATELLE  TABLE. 

License  required  for,             ....  ^(i 

BANKRUPT  STORES.     {See  Appendix:)              .  216 

License  required  for, 88 


246 


INDEX. 


BATHING  IN  THE  RIVER. 

Prohibited  when,  ..... 

BAWDY  HOUSES. 

Keepers,    inmates   and  frequenters  of,  pun- 
ished,       . 

BEASTS,  WILD. 

Must  not  be  exhibited  on  public   thorough- 
fares,    .         .         .         .         .         . 


BEER. 
BELLS. 


{See  Wine  and  Beer.) 
License  required  for  sale  of, 


Must  be  used  on  sleighs  and  cutters. 

To  be  keep  ringing  on  locomotives. 

Unnecessary  ringing  of  prohibited, 
BENZINE. 

Keeping  of  regulated, 

BENZOLE.     {See  Benzine.)  .... 

BILLIARD  TABLE. 

License  required  for,       ..... 
BILLS. 

Posting  of  when  a  misdemeanor, 
BILLS  AND  CLAIMS. 

Against  city  must  be  presented  to  Council  by 
a  member,         ..... 

May  be  referred,  ..... 

Council  to  audit  and  may  require  proof  of 

How  adjusted,  ..... 

BOARD  OF  HEALTH.     {See  Health,  Board  of  ). 
BOATS.     {See  Wharfs  and  Wharfage).     . 

Charter  provisions^      ..... 
BONDS,  OFFICIAL.     {See  Charter). 

What  officers  required  to  give, 

To  be  filed  with  recorder,       .... 

To  be  filed  with  mayor,  when,    . 

To  be  recorded, 

BONDS,  REDEMPTION.     {See  Appendix).  . 

Issued  in  redemption  and  renewal  of  railroad 
•    bonds,     .  ...... 

Payable  in  twenty-five  years,     . 

Title  of, 

To  whom  to  be  issued,        .... 

Recorder  to  keep  register  of,         .         .         . 

Special  tax  to  be  levied  to  pay  interest  and 
provide  sinking  fund,  .... 

Purchased  by  city  must  not  be  re-issued,     . 


PAGE. 
95 


98 

90 
81 

96 
96 
95 

64 
64 

85,89 
95 


39 

21,39 

39 

40 

70,  229 

180 

27 

53 

53 

53 

no 

223,  224 

131 
131 
132 
132 
132 

132 
132 


INDEX.  247 

BONDS,  REDEMPTION,  Continued.  PAGE. 

Mayor  and  recorder  may  designate  place  for 

payment  of  interest,     ....  i-^~ 

Mayor  may  confess  judgment,  when,     .         .  133 

BONFIRES.     (See  Misdemeanors?)      ....  96 

BORROWING  MONEY.     [See  Charter?)      .         .  29 

To  subscribe  for  stock  in  M.  &  M.  R.  R  Co,  120 

BOUND/^RIES  OF  CITY.     {See  Charter?)  .  23,  24 

BOWLING  ALLEY. 

License  required  for,       .....  85 

BRIDGES,  COUNTY. 

Within  corporate   limits    city   may  help    to 

build,         .         .         .         .         .         .         .  220 

BRIDGE  COMPANIES. 

Council  may  make  contract  with  for  wagon 

roads,    .......  221 

BRIDGE  TAX. 

Levied  in  city  when  council  may  claim,         .  220 

BROTHELS.     {See  Bawdy  Houses?)        ...  98 

BUILDING  MATERIAL. 

When  may  be  deposited  in  street,         .         .  loi 

BULLS. 

For  service,  how  to  be  kept,  ...  97 

BUTCHERS. 

Must  not  collect  stale  fat  or  grease,       .         .  I02 

CAB. 

License  required  for,  .         .         .         .  .  90 

CAMPHENE. 

Keeping  of  regulated,         .         .         .         .         .  64 

CARCASSES.     {See  Health,  Nuisances). 

CARRIAGE.     {See  Hack) 90 

CARTAGE. 

Charter  provisions, 28 

CARS. 

Rate  of  speed  regulated,         .         .         .         .  96 

Throwing  at,  prohibited,  .         .         .         .  95,  96 

CATTLE. 

Except  milch  cows  prohibited  from  running 

at  large,  .......  43 

CELLARS.     {See  Nuisances). 

Excavations  for,  on  line  of  street,  on  upon 

open  ground,  to  have  proper  barriers,  lOi 

CEMETERY  AND  SEXTON. 

Ordinance  concerning,         ....  48 


248 


INDEX. 


CHANDLER.     {See  Nuisances). 

Must  have  permit  from  council, 

How  business  to  be  conducted,  . 
CHARTER 

How  amended,        .         .         .         .         . 

How  abandoned, 

CHEATING. 

Punished, 

CHIMNEYS.     (See  Fire  Wardens:) 
CHOLERA.     {See  Health,  Board  of :)      . 

CIRCJS. 

License  required  for, 

CITY  COUNCIL. 

Rules  of  order  and  business  for,     . 

Special  meetings,  how  called,     . 

Charter  provisions  of,     . 
CITIES  AND  TOWNS. 

Must  not  appropriate  money  to  ecclesiastical 
or  sectarian  institutions, 

Must    not    take    stock    in   banks,    railroads, 
turnpikes,  or  plank  roads. 

Warrants  of,  officers  not  to  speculate  in,  . 
CLAIMS. 

Council  to    audit,  ..... 

How  presented,  ..... 

Warrants  issued  for,  when  allowed, 
CLEANLINESS.     {Charter  Provision?) 

See  Board  of  Health,       ..... 

COACHES.     (See  Hacks.) 

COAL.     {See  Inspectors  and  Measurers^) 

Weight  of  ton  and  of  bushel, 
COAL  OIL.     {See  Appendix?,         .... 

How,  and  in  what  quantities  kept. 

Cannot  keep  more  than  five   barrels   in   fire 
limits,  ...... 

Must  not  be  stored  outside  of  building  more 
than  six  hours,  ..... 

When   a  greater  quantity  may  be  kept,     . 

Inspector  of  may   be   appointed   by  council, 
when,        ....... 

Fire  test  to  be  not  less   than    150*^  Fahren- 
heit for  illuminating  purposes,     . 

Vessels  containing   to   be   branded    by   In- 
spector,     

Brand  must  state,  what,     .         .         .         . 


PAGE. 
103 
103 

23,38 
192 

193 

97 
63 
70 

89 

17,  22 

17 
26,  29 


195 

195 
[14,  196 

28 

39 
40 

27 
71 
90 

64 

64 

64 
64 

234 

234 

234. 235 
234,  235 


INDEX.  ^^^^^V         249 

COASTING.  PAGE. 

On  streets  prohibited,  except         ...  96 

COLLECTOR.     {See  Accounts,  Officers,  Taxes,  Ap-  ~    - 
pendix). 

Charter  provision 33.  34 

County  collector  is,         .         .         .         .         .  156 

Duties  of, 41,  III 

Compensation  of,    .         .         .         .         .         .  112 

Must  notify  persons  to  pay  poll  tax,            .  16S 

COMBUSTIBLES.     {See  Fire  Limits).      .         .         .  61,62 

COMMISSIONS. 

Of  officers  to  be  signed  by  mayor,      .         .  25 

COMMISSIONERS.     {See  Appendix).         ...  214 

May  be    appointed    to    assess    damages   for 

change  of  grade,  .....  150 

COMMITTEES.     {See  Rules  of  Order).      .         .  21 
CONCEALED  WEAPONS. 

Carrying  of,  prohibited,           ....  98 
CONCERT  TROUPES. 

License  required  for,  .....  90,  91 

Gift,  license  required  for,         ....  88 
CONTAGIOUS  DISEASES. 

Regulations    to    prevent    introduction   and 

spread  of,     .....          .  70,  74 

Physician  to  report  cases  of,  .....  74 
CONTESTED    ELECTIONS.     {See  Election   Con- 
tests)   54 

CONTRACTS. 

When  member  of  council  cannot  be  interest- 
ed in,         29 

Duty  of  mayor  in  respect  to,       .         .         .  109 
COSTS. 

When  city  liable  for  before  police  judge,        .  II7 

In  condemning  private  property,        .         .  I43 
CRUELTY. 

To  animals,  punished,     .....  98 
CUTTERS. 

Must  not  be  driven  without  bells,      .         .  96 

DEBTS.     {See  Redemption  Bonds.)  - .         .         .         .  131 

Corporate,  how  paid,           ....  202 
DEED,     {See  Taxes  Appendix.) 

Of  collector,  when  to  be  made,       .         .         .  161,214 

Form  of, 161,  214 

Effect  of, 162,  214 

32 


250  INDEX. 

DISEASES.  PAGE. 
Infectious    or    contagious,    {See  ]  Board    of 

Health,) 71,229 

DISORDERLY  CONDUCT.     {See  Charter.)        .  27 

By  hackmen,  prohibited,         ....  91 

In  house  or  on  premises,  prohibited,           .  95 

DISTURBANCE  OF  PEACE.     {See  Misdemeanors.)  95 

DOGS.     {See  Charter.) 32 

Must  be  registered,     .....  50 

Taxes  on, 50 

Must    wear   collar  with  initials    of  owner's 

name  on, 50 

May  be  taken  up  by  marshal,           .         .         .  50,51 
When  the  mayor  may  prohibit  their  running 

at  large,         ......  51 

Vicious  or  dangerous,  penalty  for  keeping,  51 

DOLLAR  STORES.     {See  Appendix.)      ...  216 

License  required  for,       .....  88 

DRAINS.     {See  Appendix.) 217 

When   to  be   provided  for,  stagnant    water,  106 

Must  be  provided  for  surface  or  other  water,  106 

City  may  provide,   if  owner  or   lessee    fail,  107 

DRAYMEN,  TEAMSTERS  AND  EXPRESSMEN. 

Must  take  out  license,         ....  83 

Applications  for,  how  made           ...  84 

Must  give  bonds,        ...         .         .         .  84 

License  not  transferable,         ....  84 

One  vehicle  only  to  be  run   on  one  license,  84 

Charges  regulated, 84 

Vehicles  must  bear  same  number  as  license,  85 

DRAYMEN  &c. 

Licenses  and  permits  may  be  granted  for  less 

than  a  year,      ......  85 

DRIVING   IMMODERATELY. 

Prohibited  in  city, 102 

DRUNKENNESS.     {See  Charter.)     ....  27 

DRUNKEN  PERSONS. 

To  be  arrested,    ......  97 

E/\RTH. 

Not  to  be  taken  from  or   thrown   on   streets 

and  other  public  grounds,         .         .         .  102 
ELECTION. 

Charter  provisions, 24.  30,  31 

Annual  election  to  be  held  first   Monday   in 

March, .  51 


INDEX.  251 

ELECTION,  Continued.  PAGE. 

Officers  to  be  elected,         ....  52 

Polling  places  and  election  officers  to  be  se-  

lected  twelve  days  before  election,  .  52 
Judge  or  clerk  failing  to  attend,  vacancy  how 

filled, 52 

Mayor  to  issue  proclamation,         ...  52 

How  conducted, 52 

Returns  to  be  made  to  the  Council   in    two 

days, 52 

What  officers  to  give  bond,  ....  53 

When  offices  will  be  declared  vacant,         .  53 

Vacancies,  how  filled,     .....  53 

In  new  ward,       ......  53 

ELECTION  CONTESTS. 

Tie  votes  to  be  determined  by  lot,         .         .  54 

Proceeding  in  arranging  lot,       ...  55 
Who  may  contest  election   and   proceeding 

in  relation  thereto,  .         .         .         .       55,  56 

ENGINEER,  CITY. 

When,  and  for  what  term  appointed,     .         .  47 

Duties, 47,  48 

Compensation, 48 

Work  done  for  private  citizens  city  not   re- 
sponsible,     ......  48 

ENGINEER,  CHIEF  AND  ASSISTANTS. 

{See  Fire  Department^  .         .         .  •       58,  59 

ENGINE  AND  ENGINE  HOUSES. 

[See  Fire  Department^         ....  57 

ESCAPE  OF  PRISONERS.     {See  Jail.)          .         .  77 

EXCAVATIONS,     {See  Streets,  Cellars,  Nuisances:) 
On  line  of  street  oron  open  ground,  must  be 

protected  by  barriers,  .  .  .  loi 
In  streets,  &c.,   consent  of  council   required 

for, 102 

EXHIBITIONS,  {See  Charter)         .           ...  27 

Must  take  out  license,          ....  90 

EXPENDITURES. 

Council  must  publish  annually  a  particular 

statement  of  receipts  and  expenditures,  28 

EXPLOSIVE  SUBSTANCES. 

How  to  be  kept, 62 

EXPRESSMEN.     {See  Draymen,  etc)         ...  83 

And  teamsters  defined,       ....  84 

FACTORIES.     {See  Nuisances)         ....  102 


25: 


INDEX. 


FEES. 

Of  marshal  for  taking-  up  animals, 

Of  marshal  for  taking  up  dogs, 

Of  recorder,         ....... 

Of  police  judge,       ..... 

In  police  judge's  court,       .  .  . 

FERRY  LANDING.     (See  Charter}) 

Defined, 

Use  regulated,         ..... 

FIGHTING,  OR  CHALLENGING  TO  FIGHT. 

Punished, 

FILTH.     [See  Nuisances.     Health,  Board  of ^ 
FINANCE.     {See  Recorder)       .         . 

FINES. 

May  be  remitted  by  mayor,  when, 
Police  judge  to  report  to  council, 
Imprisonment  for  failure  to  pay,  . 
Labor  in  jail  on  account  of,  .         .         . 

Labor  on  streets  and  alleys  in  payment  of, 

FIRE. 

False  alarm  of,  punished, 

FIRE  ARMS  AND  FIRE  CRACKERS. 

Discharge  of  prohibited,     . 

FIREBALLS.     {See  Misdemeanors) 

FIRE  DEPARTMENT.     {See  Appendix)     . 

Consists  of  what, 

Officers  appointed  by  the  council,     . 
Officers  appointed  by  the  companies,    . 
Hose  companies  consist  of  what 
Duties  and  powers  of  officers. 
Members  may  be  expelled,  when. 
Apparatus  not  to  be  taken  from  house,   ex 

cept, 

Members  of  exempt  from  poll  tax.  jury  ser- 
vice, and  military  duty  in  peace. 
Apparatus  not  to  be  run  on  sidewalk,  . 
Apparatus  not  to  be  taken  out  of  city  except 

FIRE  COMPANIES.     {See  Charter.) 

How  organized,  ..... 

May  sue  in  name  of  foreman,. 

Orders  of  certain   officers  to  be  obeyed  at 

fires, 

Annual  stipend  given  to,    ... 
Appendix,  .    . 


94, 


PAGE. 

44 
50 
III 
117 
117 

27 
56 

57 

95 


41 

109 

117,  226 

116,  229 

77.  196 

149,  197 

95,  202 

96 
96 

200 
58 
58 
58 
58 
59 
59 

59 

59,  200 
60 
60 

27 
60 
60 

61 
61 

2CX> 


INDEX. 


253 


FIRE  LIMITS.     (See  Charter) 

Boundaries  of  defined,  .... 

Prohibition  in  regard  to  buildings, 

Penalties, 

Lumber  yards,  when  prohibited  in, 

Hay  and  straw,  how  to  be  kept  in,     . 

Gunpowder  and  other  explosive  substances 
how  to  be  kept  in,    .         .         . 

Coal  oil,  how  to  be  kept  in,         . 
FIRES. 

Buildings  may  be  destroyed    by  officers  of 
cities  to  stop  progress  of, 

City  to  make  compensation,  when,    . 
FIRE  WARDENS.     {See  Coal  Oil) 

One  appointed  from  each  ward, 

Duties  and  powers  of,     .... 
FLESH  UNSOUND.     {See  Misdemeanors)  . 
FRAUDULENT  SCHEMES,  TRICKS,  ETC 

{See  Misdemeanors) 
GAMING.     {See  Charter)        .         .         .     '    . 
GAMBLERS.     {See  Misdemeanors) 
GAMES  OF  CHANCE,  OR  SKILL.     {See  Charter) 

License  required  for,  .... 

Application  for,  how  made,     . 

License  may  be  assigned. 

License  may  be  revoked. 

License  to  expire,  when,     . 
GAS  COMPANY. 

Ordinance  renewing  franchise  for 

Conditions  of  renewal,     . 
GAS  WORKS. 

Must  not  be  erected,  where, 
GIFT  ENTERPRISE. 

License  required  for,      ..... 
GLUE  FACTORY. 

How  to  be  kept, 

GOODS  EXPOSED  FOR  SALE.     {See  Nuisances) 
GRADES.     {See  Charter) 

When  city  liable  for  change  of  grade,     .     34 


PAGE. 

61 

61,  62 

62 

61 

61 
64,65 


236 
236 

65 

63 

63,64 

97 

97 

27 
98 

27 
86 

87 


ten  years, 


^7 


67,  68,  69 


104 
88 

103 
100 

28,37 
150,  214 


Damages  for  change  of,  how  ascertained,  150,  214,  215 
Of  streets  as  established  by  ordinance,   .         .  137 

Of  North  Muscatine, 148 

GREEN  STREET. 

Vacation  of  part  of,         .         ,         .         .         .  155 


254 


INDEX. 


GUNPOWDER.     (See  Charter^,     .... 

How  and  in  what  quantities  kept, 
GUTTERS,  HOUSE. 

Water  from  must  not  be  discharged  on  side- 
walk,     ....... 

GUTTERS,  STREETS.     {See  Nuisances:) 

Owners  of  property  to  provide  gutters. 
How  to  be  constructed,       .... 

To  be  made  or  relaid  on    the  order  of  the 
council,     ....... 

May  be  made  or  relaid  by  council    at    ex- 
pense   of  owner,  .... 

Street  commissioner  to  superintend  work  on, 

Must  be  kept  clean  and  free  from  obstruction 

by  adjacent  occupant,       .... 

HACKS. 

License  required  for,  .... 

Permits  to  run  may  be  granted,     . 
HACKMEN. 

Regulations  respecting,      .         .         .         . 

HAY  AND  STRAW. 

How  to  keep  in  fire  limits,     .... 

HEALTH.     {See  Charter^) 

HEALTH  OFFICERS,     {See  Charter^, 

HEALTH,  BOARD  OF.     {See  Appendix:) 

Mayor  and  aldermen  created,     . 

May  appoint  health  inspectors, 

Powers  of  the  board,    ..... 

Filth  or  other  things  likely  to  cause  or  pro- 
mote disease  to  be  removed  on  order 
of  board,       ...... 

To  keep  an  account  of  expenses,  . 

To  have  slaughter  houses  examined. 

Persons  suffering  from  infectious  diseases, 
power  of  board  over,         .... 

Districts  or  houses  infected  to  be  placarded, 

Rules  of  board  to  be  obeyed. 

Physicians  to  report  cases  of  contagious  dis- 
ease,     ....... 

HEALTH.     \_See  Manure?^ 

HEALTH,  INSPECTOR. 

{See  Health,  Board  of,  Nuisances:) 
HOGS.     {See  Animals  Running  at  Large:) 


PAGE. 

-27 
62 


102 

135 
135 

136 
136 

136 

90 
91 

91 

61,  62 

27 
28 

229 

70 
72,73 

72,  73 


71 
73 
73 

73 
73 
73 

74 

74 


43 


INDEX. 


HOG   PENS.  PAGE. 

Where  and  how  to  be  kept,         .         .         .  103 

HOOK  AND  LADDER  COMPANY.  -  - 

(See  Fire  Department^           .         ,         .         .  57 

HORSES.     (^See  Animals  Running  at  Large^         .  53 

Must  not  be  left  unhitched   or   uncared   for,  lOi 

Must  not  be  driven  immoderately,         .         .  102 

Must  not  be  allowed  to  get  on  sidewalk,     .  102 

Must  not  be  tied  to  shade  trees,     .         .         .  166 

Inhuman  treatment  of,  punished,        .         .  98 

HOSE. 

Willful  driving  over,  punished,         .         ...  60 

Company.     {See  Fire  Department^  .         .  57 

HOSPITALS.     i^See  Health,  Board  of >i       ...  72,  75 

When  council  may  grant  permits  for,         .  104 

HYDRANTS.     {See  Water  Works)  .         .         .   173,  178 

City  to  pay  rent  for,             ....  175 

Turning  water  on,  when  punishable,      .         .  175 

Hitching   horse    to   or  injuring,  prohibited,  179 

ICE  AND  SNOW. 

To  be  removed  from  sidewalk,  when  and  by 

whom,            ......  96 

IMMORAL  PLAYS.     {See  Misdemeanors:)         .  95 

IMPOUNDING. 

See  Animals  [Running  at  Large.)     .         .  43 

IMPRISONMENT.     {See  Appendix.) 

INDECENT  CONDUCT,  BOOKS  OR  PICTURES. 

{See  Misdemeanors^)        .....  95 

INFECTIOUS  DISEASES.     {See  Health)    .         .  70 

INSPECTOR  AND  MEASURER. 

Duties  of,          ......         .  75 

Compensation,     ......  y^ 

INTOXICATING  LIQUORS. 

{Sse  Chapter  27,  Appendix)  .        .         .         .  228 

INT0XICATP:D  persons.  {See  Misdemeanors)  97 
JACKS  AND  STALLIONS. 

Keeping  of,  regulated,         ....  97 

JAIL.     {See  Appendix) 196,  229 

Of  county  to  be  used  as  city  prison, .         .  JJ 

Yard  to  be  city  workhouse,  ....  yj 
JENNY  LIND  TABLES. 

{See  Games  of  Chance  and  Skill)        .         .  85 

JUDGES  OF   ELECTION.     {See  Election)      .         .  31 


256  INDEX. 

JUSTICE  OF  THE  PEACE.  page. 

Mdiy or  is  ex  officio,       .....  25 

KEROSENE.     {See  Appendix,  Coal  Oils.)  .         .  234 

Keeping  of,  regulated,         ....  64 

LAMPS.     {See  Gas.) 66 

Lighting  or  extinguishing  without  authority, 

punished,       ......  70 

LAMP  POSTS. 

Penalty  for  injuring  or  destroying,  .         .  69 

Must  not  climb  on,  hitch   to,  or  pile   things 

against,  ......  70 

LANDING.    {See  Charter,  Ferry,  Wharf  and  Wharf- 
age.) 
LEGERDEMAIN.     {See  Shows,  &c.)         ...  89 

LICENSES.  {See  Charter,  2^,  2j,  Appendix,  216.) 
See  Auctioneers,  wine  and  beer,  draymen, 
teamsters  and  expressmen,  games  of 
chance  and  skill,  gift  enterprise,  circuses, 
shows,  &c.,  hacks,  omnibuses,  &c.,  ped- 
dlers, sales  in  streets,  plumblers,  . 
Fees  for  issuing, 94 

LOCOMOTIVES. 

Bell  to  be  rung  and   unnecessary  whistling 

prohibited, 96 

LOTS.     {See  Charier.) 27 

On  which  water  becomes  stagnant  may   be 

filled  or  drained 106 

Surface  water  on,  passage  way  must  be  pro- 
vided for,     ......        106,  107 

Flow   of  water  must  not  be  obstructed   by 

filling,  &c., 107,  217 

LUMBER.     {See  Inspector  and  Measurer^     .         .  75 

LUMBER  YARDS.     {See  Fire  Limits:)    ...  62 

MANURE. 

How  to  kept  and  disposed  of,     .         .         .  74 

MARSHAL.     {^See  Charter^) 

See  Accounts,  animals  running  at  large, 
dogs,  rules  of  order,  kerosene,  &c.,  board 
ofhealth,  manure,  misdemeanors,  nuis- 
ances, stagnant  waters,  officers,  police 
judge,  police,  gutters,  paving  streets 
and  alleys,  paying  fines  by  labor  on 
streets,  sidewalks,  fire  limits. 
Appendix,  ......         209,  216 


INDEX.  -^^^^^K         257 

MAYOR.     (See  C/iarUr.)  PAGE. 

See  Rules  of  order,  cemetery,  dogs,  elections, 

election    contests,    health,     board     of,  -    _ 
licenses  generally,  misdemeanors,  nuis- 
ances,   officers,     police,    renewal  bonds, 
working  out  fines  on  streets,  sidewalks. 
Appendix,       ....       192,  194,  201,  209 

MEASURES.     (See  Inspector  and  Measurer,  Weights 
and  Measures,    Weighers,  City?) 

MEAT  TAINTED.     {See  Misdemeanors?)  .         .  97 

MENAGERIES.     {See  Circuses,  shows.)         .         .  89 

MERCHANTS'  TRANSIENT.     {See  Appendix.)     .  216 

Must  take  out  license,  ....  88 
Merchants  may  use   two  and  a  half  feet  of 

sidewalk  for  goods,  ....  100 

Must   not    expose   goods   so  as  to  obstruct 

passage  or  view  on  streets,  .         .  lOO 

MEETING  OF  CITIZENS.     {See  Charter.)      .         .  28 

MEETINGS  OF  COUNCIL.     {See  Rules  of  Order.)  17 

Must  be  public, 26 

Special  may  be  called, 17,  109 

MISDEMEANORS. 

Disturbing  peace  and  quiet,         ...  95 

Fighting  or  challenging,         ....  95 

Disorderly  conduct  on  priv^ate  premises,    .  95 

False  alarm  of  fire, 95 

Keepers  and  inmates  of  bawdy  houses,  or 
houses  of  assignation  and  persons  resort- 
ing thereto, 95 

Indecent  conduct,  pictures,  books  or  plays,  95 

Bathing  in  the  Mississippi  river,    ...  95 

Posting  bills  on  walls  or  fences,  .         .  95 

Throwing  stones,  sticks  or  other  hard  sub- 
stances,    .......      95,  96 

Coasting  on  streets, 96 

Sleighs  or  cutters  driven  without  bells,  .  96 

Not  cleaning  snow  or  ice  from  sidewalk,  .  96 

Speed  of  cars  regulated,         ....  96 

Unnecessary  whistling  of  locomotive,         .  96 

Swindling  and  cheating  by  games,  tricks,  &c.,  97 
Keeping  stallions,  bulls  or  jacks  so  as  to   be 

seen  and  their  noises  heard,    ...  97 
Keeping  for  sale  meat  and  other  edibles  un- 
fit for  food,  ......  97 

33 


258  INDEX. 

MISDEMEANORS,  Continued.  PAGE. 
Intoxicated  persons  in   public  places  or  on 

private  premises,     .         .         .         .         .  97 

Vagrants  defined, 97,  98 

Prostitutes  and  pimps,    .....  98 
Gamblers,  tricksters  and  disorderly  persons, 

gypsies,  fortune  tellers  and  beggars,  .  98 

Cruelty  to  dumb  animals,       ....  98 

Carrying  concealed  weapons,      ...  98 

Resisting  or  refusing  to  aid  a  police  officer,  98 

Interfering  with  mayor,           ....  98 

Penalty, 9^,  99 

MISSISSIPPI  RIVER.     {See  Charter^     ...  27 
Filth  or  offal  not  to  be  thrown  in  above  rail- 
road depot, 179 

Owners  and  lessees    of  lots    and    land   may 

erect  piers,  cribs,  booms,  &c.,         .         .  231 
Entitled  to  compensation  for  railroad  right 

of  way  between  lots  and  river,     .         .  231 
MISSISSIPPI  &  MISSOURI  R.  R.  CO. 

Right  of  way  granted  to,         .         .         .         .  121 

Stock  subscribed  to,              ....  120 
MISSISSIPPI  &  MUSCATINE  WESTERN  R.  R.  CO. 

Privileges  granted  to,     .         .         .         .         .  128 

MONEY,  BORROWING  OF.     {See  Charter.)      .  29 
MONEY. 

Not  to  be  appropriated  to  any  ecclesiastical 

or  sectarian  use,       .....  195 
MUSCATINE  WESTERN  R.  R.  CO. 

Privileges  granted  to,           ....  124 

MUSCATINE  GAS  AND  COKE  CO.     {See  Gas.)  66,  67 

MULES.     {See  Animals  Rzmnmg  at  Large.)          .  43 

Must  not  be  left  unhitched  or  uncared  for,  lOi 

NAPTHA.     {See  Kerosene.) 64 

NINEPINS.     {See  Games  of  Chance  or  Skili.)       .  85 

NINETY-NINE  CENT  STORE.     {See  Appendix.)  .  216 

License  required  for,       ....  88 

NORTH  MUSCATINE, 

Grades  of, 148 

NUISANCES.     {See  Charter:) 

Signs  extending  over  sidewalk,      ...  99 

Awnings  regulated,     .....  lOO 
Two  and  a  half  feet  of  sidewalk,  allowed  for 

goods,       .......  100 


M 

INDEX.  259 

NUISANCES,  Continued.  PAGE. 

Goods  for  sale  may  be  suspended,  how,     .  loo 

Streets  to  be  kept  free  from  obstructions,      .  1-G9- 

Building  material  may  be  deposited  in  street 

under  permit  of  mayor,         .         .         .       100,  lOi 

Excavations  must  have  proper  barriers,       .  lOi 

Shavings,  sweepings,  rubbish,  &c.,  not  to  be 

deposited   in  street,     ....  lOi 

Carcasses,  offal,  waste  matter,  &c.,  not  to  be 
left  exposed,  or  in  any  street,  sewer  or 
water  course, 102 

Horses,  mules  or  jacks  must   be   hitched   or 

the  care  of  some  one,        ....  lOI 

Vehicles  must  not  be  stopped  at'street  cross- 
ing or  alley, lOI,  102 

Vehicles  must  not  stand  in  any  public  thor- 
oughfare so  a  to  incommode  passage,     .  I02 

Fast  driving  forbidden,        ....  102 

Horse  must  not  be  allowed  to  get  on  side- 
walk,          102 

Public  ground  not  to  be  dug  into,  or  any- 
thing deposited  thereon,     .         .         .  102 

Foul  or  poisonous  liquor  not  to  be  dis- 
charged from  any  establishment,    .         .  102 

Stale  or  putrid  fat  or  grease  not  to  be  col- 
lected or  used,         .....  102 

Dead    carcasses,    excrement,   filth   must    be 

covered  so  as  not  to  smell,  .         .  102 

House  gutters   must   not   be  discharged   on 

sidewalk,  .......  102 

Waste  water  from  well  &c.,  not  to  be  dis- 
charged on  sidewalk,    ....  102 

Privies  and  privy  vaults,  how  to  be  con- 
structed,   102,  103 

Foul  privies  to  be  cleaned  and  purified,     .  103 

Hog  pens,  where  and  how  to  be  kept,  .         .  103 

Slaughter  houses,  soap  factories,  chandleries, 

permit  required  for,     ....  103 

How  such  factories  must  be  conducted,         .  103 

Hospital  not  to  be  established  without  per- 
mission of  council, 104 

Gas,  not  to  be  manufactured  where,  .  104 

Common  law  and  statutory  nuisances  exclu- 
ded in  ordinance,     .....  104 

Duty  of  officers  to  inquire  into  and  abate,  104 


26o  ^  INDEX. 

NUISANCES,  Continued.  page. 
To  be  abated  at  the  cost  of  the  person   cre- 
ating or  permitting,         ....  104 
When  mayor  shall  inquire   as   to  who    shall 

bear  cost  of  abating  nuisance,     .         .  105 

Stagnant  water,  how  disposed  of,            .         .  106 

Surface  water  must  not  be  stopped  by  dam,  106,  107 

..OATH.     {See  Charter.) ,31 

Required  to  be  taken  by  city  officers,    .         .  53 
To    be  administered    by    assessor,  what   to 

contain,          ......  45 

OFFICE. 

May  be  declared  vacant,  when,       ...  53 

Vacancy  in,  filled  by  council,     ...  29,  53 

OFFICERS     {See  Charter.) 31 

Elective,  must  be  voter  of  city  and  resident 

therein  one  year,           ....  31 

Who  elected  at  annual  election,     ...  52 

Term  of  service  of,       .....  53 

What  required  to  give  bonds,         ...  53 

Must  qualify  within  what  time,            .          .  53 

Failing  to  so  qualify,  office  declared  vacant,  53 

Assessor's  duties,  salary,          ....  44, 45 

Mayor,   general    duties    and  powers,   salary,  108,110 

Alderman,  duties,  salary,     ....  no 

Recorder,  duties,  salary,           ....  Iio,    HI 

Collector,  duties,  compensation,            .         .  112 
Treasurer,  duties,  salary,          .          .         .         .112,113 

Street  Commissioner,  duties,  salary,            .  113 

Police  Judge, 114,   II7 

Police  officers,  duties  of,    .          .          .         .  I17,   II9 

OFFICIAL  BOND.     {See  Bond.) 

OMNIBUS.     {See  Hacks.) 90 

ORDER  OF  BUSINESS. 

Rules  of, 17 

ORDERS.     {See  Warrants.) 42 

ORDINANCES.     {See  Charter.) 

How  amended, 22 

Must  be  signed  by  mayor  and    attested   by 

recorder,            ......  29 

Must  be  published  ten  days,       ...  29 
Must  be  recorded  in  a  book  for  that  purpose,  29 
Proof  of  publication    may   be   made,    how,  29 
Violation  of  may  be  punished  by  fine  or  im- 
prisonment,        229 


INDEX.  261 

PAGE. 

PAINTINGS,     {See  License,) 90 

PAVING  STREETS.     {See  Charter.)        .         .         .  -28^ 

Ordinance  concerning,          .         .         .  145 
PEDDLERS. 

Must  take  out  license,     .....  92 

Who  are  and  who  are  not,           ...  92 

Retail  and  wholesale  defined,         ...  92 
PENALTIES.     {See  Charter  27,  Appendix  22g.)     . 
PERMITS. 

Maybe  issued  by  Mayor  for  hacks,  omnibuses, 

&c.,  when,        ......  91 

For  sales  in  streets,    .....  93 

To  wholesale  peddlers,  .....  93 

Goods  of  non-residents  sold  at  auction,  per- 
mit   required  for,          ....  80 

Mayor  may  grant  for  placing  building  ma- 
terial in  streets,  when,     ....  lOl 

PETROLEUM.     {See  Appendix.)  ....  234 

PHYSICIANS. 

To  report    infectious    disease    to    Board    of 

Health, 74 

PLATS  OF  TOWNS  OR  SUB-DIVISIONS. 

{See  Appendix.),  .         .         .         203,  207,  208,  209 

How  vacated,           ......  207 

Lots  in  must  be  free  from  incumbrance,     .  208 

Treasurer's  certificate,  what  it  must  contain,  208 
County  Recorder's  certificate,  what  it   must 

contain, 2o8 

PLANK  ROADS. 

City  cannot  take  stock  in,           ...  195 

PLUMBERS. 

Doing  work    on    water   works    must   have 

license, 240 

Must  give  bonds, 240 

Must  return  to  water  works  company  con- 
nections, &c.,  made  by  them,           .         .  241 

POLICE. 

Of  what  it  shall  consist,         ....    117,118 

Jurisdiction, 118,  119 

Duties  of, 118 

May  arrest  without  warrant,  when,    .         .       118,119 

May  call  for  aid, 118 

Misconduct  of,  punished,    ....  119 

Resisting  or  refusing  to  assist,       ...  98 


262 


INDEX. 


POLICE  JUDGE.     (See  Appendix.)       . 

Ordinance  prescribing  duties  of  and  regulat- 
ing procedure  before,       .... 

May  sentence  prisoners  to  work  out  fines  on 
streets  and  in  jail, 

When  elected,         ..... 

Term  of  office,     ..... 


To  give  bond, 


Code  provision,   ..... 

POLLS.     [See  Elections?)     ..... 

POLL  TAX.     {See  Appendix.) 

Amount  of, 

Who  subject  to,  .... 

May  be  paid  by  labor  on  streets. 
Street  Commissioner  to  give  notice  of. 
Unpaid  to  be  certified  to  county  auditor. 
To  be  part  of  road  fund. 
Collector  to  notify  delinquents. 
May  be  collected  by  civil  action, 
Firemen  exempt  from,  .... 

POSTING  BILLS. 

When  punishable,  .         .         .         .         . 

PRESIDENT  pro  tern. 

Council  may  appoint,  .... 

Powers  of,       ......         . 

PRIVY  VAULTS. 

How  to  be  constructed,  .... 

That  are  foul,  must  be  cleansed,. 

PRISONERS.     {See  Appendix.)  .         .         .         . 

May  be  required  to  work  in  work  house. 

May  be  required  to  work  on  streets, 
PROSTITUTES.     {See  Bawdy  Houses.)     . 

PUBLICLY  APPEARING  IN  DRESS  OF  OTHER 
SEX.     {See  Misdemeanors .)  .... 

PUBLIC  GROUND. 

What  must  not  be  thrown  on, 

Must  not  be  dug  into,  or  anything  pertaining 
thereto  taken  from,      .... 
PUBLIC  PEACE.     {See  Misdemeanors.)     . 

QUALIFICATIONS.      {See  Elections,    Officers,    As- 
sessor.) 
QUORUM.     {See  Rules  of  Business?)      . 


PAGE. 
225 

114 

149 
52 
53 
53 

210 

51 

217,  221 

163 

163 

163 

163,  164 

164 

164 

164 

164 

59,  200 

95 

26 
26 

102,  103 

103 

196 

77 

149.  197 

95 

95 
1 01 

102 
94 


17 


INDEX.  ^^^^IV  263 

RAILROADS.  page. 

Grant  to  Mississippi  &  Missouri  R.  R.  Co.,    .  121 

Grant  to  Muscatine  Western  R.  R.  Co.,     .  -424 

Grant  to  Mississippi  &  Muscatine    Western 

R.  R.  Co., 128 

Cities  cannot  take  stock  in,         .         .         .  195 

Contracts  made  with  by  cities,  how  enforced,  232 

Crossings,  city  may  establish  grade  of,      .  210 

Raising  or  lowering  highway,  duty  of,  .         .  211 

Remedy    if    city    council    believe    crossing 

made  by,  unsafe,  .         .         .         .  211 

Cars  must  not  run  faster  than   six  miles  an 

hour. 
Bell  to  be   rung  and   unnecessary  whistling 

forbidden,         ......  96 

REAL  ESTATE. 

Taxes  are  a  lien  on,         .....     33,  157 

RECORDER.     {See  Charter) 

See  accounts  and  books,  dogs,  elections, 
election  contests,  licenses,  officers,  re- 
demption bonds,  weights  and  measures. 

Appendix, 201,209,235 

REDEMPTION. 

From  tax  sales,  when  and  how  made,         .       161,  213 

REGISTER  OF  BOATS. 

How  appointed,       ......  133 

Duties  of, 133,  134 

REGISTRY. 

Of  dogs  required, 50 

Of  voters,     .......  209 

REPORTS  OF  COMMITTEES. 

When  to  be  made,  .....  21 

REPORTS  OF  OFFICERS. 

•    {See  Accounts  and  Books,  Officers) 

RESIGNATION.     {See  Charter.)  ....  29 

Failure  of  officer  to  qualify,  deemed  a    .         .  52 

RIOTS.     {See  Charter) 26 

RIPARIAN  OWNERS.     {See  Mississippi  River)    .  231 

ROADS. 

Cities  may  aid  in  the  construction  and  repair 

of,  leading  to  them,         ....  227 

County  within  incorporated  limits  to  conform 

to  direction  and  grade,  .         .         .  238 

ROAD  DISTRICT.     {See  Charter)  ....  36 


264 


INDEX. 


ROAD  TAX.     (See  C/iarter.)  .... 

Must  not  exceed  five   mills, 

Lands  not  subject  to  general  city  taxes,  tax 
may  be  limited  to  four  mills, 
ROCKETS.     (See  Misdememtors.) 

RULES. 

Council  has  power  to  adopt, 

Of  order  and  business,         .... 

May  be  suspended,  when,       .... 

May  be  changed,  when,     .... 
SALARIES.     (See  Assessor,  Officers^, 
SALES  IN  STREETS. 

License  required  for,       .         .  .         .         . 

SCALES  IN  STREETS.     (See  City  Weigher?)     . 

Rent  required  for, 

SEAL  OF  CITY. 

(See  Charter,  Warrants,  Officers.) 
SEALER  OF  WEIGHTS  AND  MEASURES. 

(See  Weights  and  Measures^ 
SEWERS.     (See  Appendix.)        .... 

Offal,  &c.,  not  to  be  thrown  in,    . 

Districts  may  be  established  for  construction 
of, 

Taxes  may  be  levied  for, 
SEXTON.     (See  Cemetery  and  Sexton,)  . 

Council  to  appoint,         .... 

Depth  of  grave  dug  by,       .... 

Charge  for  digging  gr  ive. 

Must  keep  register  of  burials  and  report  the 
same, 

Duties  in  taking  care  of  cemetery. 

When  to  bury  in  public  burying  ground,  . 
SHADE  TREES.     (See  Trees.) 
SHAVINGS.     (See  Nuisances.)        .... 
SHOWS.     (See  Charter.)     .         .         ,         .         . 

License  required  for,  ..... 
SIDEWALKS.     (See  Nuisances,  Misdemeanors.) 

Signs,  how  far  may  extend  over. 

Awning,  how  far  may  extend  over. 

Privileges  to  merchants,  on         .         .         . 

Filth,  &c.,  not  to  be  thrown  on,     . 

Beasts  of  burden  must  not  stand  on, 

Water    from    house    gutters    or    wells,    &c. 
must  not  be  discharged  on,     . 


PAGE. 

36 

216 
216 

96 

26 

17 

22 
22 


93 
170 
134 


168 
186 
lOI 

237 
238 

48 
48 

49 
49 

49 

49 

49 

166 

lOI 

27 
90 

99 
100 
100 
10 1 
102 

102 


INDEX. 


265 


SIDEWALKS,  Continued. 

Snow  and  ice  to  be  removed  from,     . 

Divided  into  permanent  and  temporary, 

Permanent,  how  to  be  constructed,  . 

Cost  of  may  be  levied   as  a  special   tax    on 
abutting  property,  .... 

Width  of  temporary, 

Marshal  to  collect  cost  of  making, 

{See  Appendix.)  ..... 

SHIP  FEVER.     {See  Board  of  Health.)     . 

SLAUGHTER  HOUSES. 

Board  of  Health  to  examine, 

Permits  must  be  obtained  for,    . 

How  to  be  kept,     ...... 

Permits  may  be  revoked,     .... 
SLEIGHS,  SLEDS.     {See  Bells,  Coasting.) 
SNOW  AND  ICE. 

Must  be  removed  from  sidewalks  within  what 
time      ...... 

Who  must  remove,  .... 

SOAP  FACTORY. 

Permit  required  for,     .... 

How  to  be  kept,     ..... 

Permit  may  be  revoked,     . 
SPECIAL  TAXES.     {See  Taxes.)      . 
SQUlBSi     {See  Misdemeanors.) 

STAGE.     {See  Hacks.) 

STAGNANT  WATER.     {See  Charter.) 

Lots  or  ground  having,  must  be  drained 
filled, 

City  may  abate  at  owner's  expense,  . 
STALLIONS. 

For  service,  how  to  be  kept, 
STATUARY.     {See  Licemes.) 

STEAMBOATS.     {See  Charter  27,  Ferry  Landing 

5<5,  Wharfs  and  Wharfage,  180.) 
STICKS,  STONES  OR  SNOW  BALLS. 

Not  to  be  thrown, 

STOVE  PIPES.     {See  Fire  Wardens)    . 

STRAW.     {See  Fire  Limits) 61,62 

STREETS  AND  ALLEYS. 

Charter  provisions         .         .         .         28,  34,  35,  36,  37 


or 


PAGE. 
96 

182,  183 

183 
183 
185 
187 

70 

73 
103 

103 
103, 104 

96 


96 
96 

103 

103 

104 

156 

96 

90 

27 

106 
106 

97 
90 


[03, 


95. 


96 
63 


34 


266  INDEX. 

STREETS  AND  ALLEYS,  Continued.  page  . 

May    be    opened,    extended,    widened     or 

changed,  ....         28,  37,  14I,  188 

Procedure  in,  ......    141,  190 

May  be  vacated,  .....         37,  204 

May  be  paved, 28,  145,  187 

Cost  of  paving,  by  whom  borne,  .  28,  145,  187 
Grades  of  may   be   estabHshed   or  changed, 

28,  150,  187,  214 

Damages  for  change  of  grade,   how    ascer- 
tained,   34,  150,  187,  214 

Grades  as  established  by  ordinance,  .         .  137 

Grades  of  North  Muscatine,      ....  148 

Certain  vacated,  ......      153,  154 

Certain  grounds  declared  a  public  street,     .  152 

Must  not  be  encumbered  with  lumber,  wood, 

boxes,  &c.,   ......  100 

May  be  used  for  deposit  of  building  materi- 
al, when, 100,  lOi 

Excavations  on  line  of,  barriers  required  for,  lOO 

Sweepings,  shavings,   straw,   ashes,    rubbish 

&c.,  not  to  be  thrown  in,         .         .         .  loi 

Putrid  matter  not  to  be  thrown  or  left  in,  lOI 

Vehicles  must  not    stop  so    as   to  interrupt 

passage  in, lOI 

Digging  into  or  taking  anything  from,  .  140 

Excavations  not  to  be  made  except  by  per- 
mission of  council,        ....  140 

Duty  of  persons  making  such  excavations     .  I40 

Work  on  may  be  done  by  prisoners,  when,      149,  197 
Improvements  on   made  only    by    order    of 

council,  ......  no 

Mayor  must   present  estimate    of  expendi- 
tures required  for,  .....  II3 

STREET  COMMISSIONER.    (5^^  «^r^^r.)     .         .  28 

Must  keep  streets,  &c.,  in  proper  repair,  .  113 

When  to  confer  with  committee  on  streets,  113 

Must  report  to  council,  when,         .         .         .  113 

Report  to  show  what,  .  .  .  .113,  164 
Estimate  of  mayor,  for  work  on  roads,  to  be 

a  limit  on, 113,  114 

Gutters,  work  on,  must  be  under  supervision 

of, 136 

Persons  liable  to  labor  on  streets  to  report  to,  163 

Notice  to  persons  subject  to  poll  tax,  .         .   163,  164 


i 


INDEX.  267 

PAGE. 

STREET  LAMPS,     {See  Lamps  and  Posts)          .  69 

SURVEYOR.       (See  Charter)  .         .         .         .         .  28 

SURFACE  WATER.     {See  Appendix?)         .         .  217 

Drains  must  be  provided  for,           .         .         .  106 

If  owner  or  lessee  of  ground  fail  to  make  such 

drain  city  may, 107 

SWIMMING.  {See  Bathing) 95 

SWINDLING.     {See  Misdemeanors)       ...  97 

TALLOW  CHANDLER. 

Must  not  collect  stale  fat  or  grease,       .         .  102 
Chandlery.     [See  Slaughter  Houses)          .       103,  104 

TAXES.     {See  Charter) 

Collected  by  county  collector,       .         .         .  156 

General,  what  are, 156 

Special,  what  are,  ......  156 

General  and  special  to  be  certified  to  county 

auditor, 156,  157 

Auditor  place  same  on  tax  books  of  county,  156,  157 

Are  delinquent  when,         ....  157 
Thirty  days'  notice  of  levy   to   be  given   by 

collector, 157 

Are  due  and  payable,  when,       .         .         .  157 

Real  estate  may  be  sold  for,  .         .         .         .  159 
Duty  of  collector,         .         .         .         .         .       159,160 

Land  sold  for,  may  be  redeemed,  .         .         .  160 
Mode  of  redemption,  .....        160,  161 

Redemption  in  case  of  minor  or  lunatic,        .  161 

When  purchaser  entitled  to  deed,     .         .  161 

Effect  of  deed 162 

Personal  property   may   be    distrained    and 

sold  for, 162 

TAXES,  POLL.     {See  Poll  Tax)       ....  163 

TAX,  ROAD.     {See  Road  Tax)     ....  216 

TAX.     {See  Dogs) 50 

TAX,  WATER.     {See  Water  District)           .         .  171 

TEAMSTERS.     {See  Draymen)          ....  83 

TEN  PIN  ALLEY.     {See   Games  of  Chance)       .  85 
THEATRES. 

License  required  for, 90 

TIE  IN  ELECTION.      {See  Election  Contests)     .  54 

TICKETS  OF  CHANCE.     {See  Gift  Enterprises)  88 


268  INDEX. 

TIMBER.  PAGE. 

To  be  measured  when,  .....  j^ 

TORPEDOES.     {See  Misdemeanors.)     ...  96 

TRANSIENT  MERCHANTS.     {See  License:)          .  88, 216 
TREASURER.     {See  Charter,  Accotints  and  Books, 

Animals  at  Large,  Elections,  Officers ^ 
TREES. 

Animals  not  to  be  hitched  to,  or  to  boxing,  i66 

Injury  to,  or  to  boxing  punished,         .         .  166 

Shade  or  ornamental  not  to  be  disturbed,     .  167 

TURNPIKE.     {See  Plank  Road)  ....  195 

VACANCY.     {See  Charter) 29 

In  office,  how  filled,         .....  53 
VACANT. 

When  council  may  declare  office  to  be,          ,  53 
VACATION.     {See  Streets,  Plats.) 
VAGRANTS. 

Who  are, 97,  98 

VAULTS.     {See  Privies.)   ,,.,..  102,  103 

VICIOUS  DOGS,     {See  Dogs.)         ,         .         ,         .  51 

VOTERS.     {See  Charter.) 31 

Registry  of,          ......  209 

VOTES. 

Abstract  of  to  be  recorded,  .         .         ,         «       3i»  53 

WAGONS. 

Not  to  impede  passage  on  streets,  or  to   or 

from  an  alley iot,  102 

WARDS.     [See  Charter.) 23,  24 

Boundaries  of,      .....         .  167 

New  ones  created,  to  elect  aldermen,  .         .  53 

WARDENS.     {See  Fire  Wardens.)  ...  63 

WARRANTS,  CITY.  {See  Accounts,  Books.)  .  .41,42. 
Treasurer,    .......'         112 

WATER.     {See  Stagnant  Water,  Surface   Water.) 

WATER  DISTRICT.     {See  Appendix)       .         .         .  189 

Boundaries  of,     .         .         .         ...  .        171,  172 

Subject  to  water  tax 171,  172 

WATER  WORKS  COMPANY.  {See  Appendix.)  188,  189 
Franchise  granted  to  for  twenty-five  years,  .  173,  174- 
Privileges  granted  to  .         .         .  .         .  I74 

Duties  of, 174,  175 

Rental  for  hydrants,    .....  I7c; 


INDEX. 


269 


WATER  WORKS  COMPANY,  Continued. 

Unlawful  turning  water  on  hydrants,    . 

Duty  of  consumer,       .... 

May  condemn  private  property,     . 

Grant  for  pumping  works,  and  reservoir 

City  reserves  right  to  buy,     . 

Must  attach  service  pipes,  . 

Penalty  for  waste  of  water,     . 

Hitching  animal  to  hydrant  or  otherwise  in 
juring  it,       .         .         .         .         . 

Reservoir,  nothing  to  be  thrown  into,  . 

Offal  or  filthy  matter  not   to  be   thrown   in 
river  above  railroad  depot,     . 

(See  Appendix.) 

WATER  POWER  IMPROVEMENTS. 

(See  Appendix?)  .... 

WAX  FIGURES.     (See  Licenses)     .         .         .         . 
WEIGHERS,  CITY. 

Council  shall  appoint  two  or  more, 

Duties  of,         .         .         .         ,         ,         . 

Giving  false  certificates,       .... 
WEIGHMASTER.     (See  Appendix?) 
WEIGHTS   AND   MEASURES.     (See  Appendix.) 

City  to  procure  approved  standards  of. 

Inspector  of  to  be  appointed. 

Duties  of  inspector,    .         ,         .         ,         , 

Pen  ilty  for  using  false,  .  .         .         . 

Complaints  made  to  inspector, 
WELLS. 

Waste  water  from  not  to  be  discharged  on 
sidewalk,  ...... 

WHARF  AND  WHARFAGE.     (See  Charter?)     . 

Wharf  defined  and  use  declared,     . 

Wharfage  fee,       ...... 

Refusing  to  pay  wharfage,  penalty. 

Wharf  or  fish  boats  not  permitted  at  wharf, 
except,     ....... 

Landing  to  be  kept  free  from  obstruction, 

Earth,  stone,  &c.,  not  to  be  taken  from,     . 
WHARFMASTER.     (See  Charter?)  .         .         .         . 

Must  take  oath 

Duties  of, 

Must  give  bond,  ..... 


PAGE. 

175,  176 
176 
176 

176,  177 

177,  178 
178 
179 

179 
179 

179 
188,  189 

210 
90 

170 

171 

171 

199,  200 

198,  199 

168 

168 

168, 169 

169 

170 


103 
27 
180 
180 
181 

181 

181 

102 

24 

31 

43,  181 
181 

tS  t 


270 


INDEX. 


WHISTLING. 

Of  locomotives,  unnecessary  prohibited,  . 
WINE  AND  BEER.     {See  Appendix.)       . 

License  required  for  sale  of,        . 

Application  to  be  made  to  city  council, 

What  applicant  must  do,    .... 

Licenses  to    sell,    how  issued    and   what    to 
contain, 

Places  for  sale  of,  when  to  be  closed, 

Licenses  may  be  revoked, 

Person  holding  permit  from  conuty,  . 
WOOD.     {See  Inspector  and  Measurer^ 

Must  be  measured  if  purchaser  require,     . 
WOODEN  BUILDINGS.     {See  Fire  Limits)  . 
WORK  HOUSE.     {See  Jail)         .... 
WORKSHOPS. 

Must  not  occasion  annoyance, 


PAGE. 

96 

228 

81 

81 

81,  82 

82 

82,83 

83 

83 

75 
7^ 
61 

71 
102 


YC  09409 


J^  //.so 


UNIVERSITY  OP  CALIFORNIA  UBRARY 


